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Full text of "Connecticut constitutions series"

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CONNECTICUT CONSTITUTIONS SERIES 
Publication no. 1-3 



Hartford, 1901 



I 




URN A L 



of the Proceedings of the 

Convention of Delegates, 

Convened at 

HERTFORD, August 26, 18 /8 y 

for the Purpose of Forming 

A CONSTITUTION 



Of CIVIL GOVERNMENT/^ the People of the 
State of Connecticut. 




Hartford, ConneBkut, PRINTED BY ORDER OF THE COMPTROLLER, 

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State of Connecticut, 
Comptroller's Office, 

Hartford, December, 190 J. 

The Legislature of 1873 ordered the publication of 
the Journal of the Convention which framed the Consti- 
tution of this State in the year 1818. 

As this publication is now exhausted, and another 
Constitutional Convention is to be held in January next, 
anticipating the interest which is likely to arise concern- 
ing the proceedings of this Convention of 1818, I have 
thought best to reprint an edition of the same. 

A. CHAMBERLAIN, 

Comptroller. 



Publication No. 1 

Connecticut Constitutions 

Series 



HARTFORD PRESS 
The Cue, Lockwood & Brainar< 



rd Co. 
I 9 O I 



3 12 4-2 



Digitized by the Internet Archive 
in 2013 



http://archive.org/details/connecticutconstOOconn 



Note. 



The Journal of the Convention, which, in 1818, framed the 
Constitution of Connecticut, was never engrossed, but re- 
mains as it was written from day to day. It is contained in 
two paper books of unequal size, the first embracing the pro- 
ceedings to September 9th, inclusive, and the other the re- 
mainder; and each of these books is certified by the Clerks 
of the Convention. 

There is annexed to the Journal a list of Delegates, with 
their votes on several questions, taken by yeas and nays ; as 
also printed copies of the Reports of the Committee of 
Twenty-four appointed to draft a Constitution. It has not 
been thought necessary to reproduce the alterations of these 
drafts made by the Convention, indicated by pen-marks on 
the printed reports, because they will appear from the Jour- 
nal, and by a comparison of the drafts with the Constitution 
as adopted. 

A report of the Debates in the Convention may be found 
in the newspapers of the period printed in Hartford. 

To the Journal as now published is prefixed the Resolve of 
the General Assembly by which the Convention was called ; 
and there is added the Constitution as adopted, the Votes 
upon its Ratification, and the proceedings of the Legislature, 
with the Proclamation of the Governor thereupon. 

C. J. H. 
State Library, 
Hartford, June 2d, 1873. 



Resolve calling a Constitutional 
Convention. 



At a General Assembly of the State of Comiecticut, holden at 
Hartford in said State, on the second Thursday of May in the 
year of oar Lord one thousand eight hundred and eighteen: 

Resolved by this Assembly, That it be, and it is hereby rec- 
ommended to the people of this state, who are qualified to 
vote in town or freemen's meetings, to assemble in their re- 
spective towns on the fourth day of July next at nine o'clock 
in the morning, at their usual place of holding town or free- 
men's meetings, and after having chosen their presiding offi- 
cer, then and there to elect, by ballot, as many delegates as 
said towns now choose representatives to the General Assem- 
bly, who shall meet in convention at the state-house in Hart- 
ford, on the fourth Wednesday of August next ; and when so 
convened, shall, if it be by them deemed expedient, proceed 
to the formation of a constitution of civil government for the 
people of this state; a copy of which constitution, when so 
formed, shall be by said convention forthwith transmitted to 
each town clerk in this state, to be by him submitted to the 
qualified voters in the town to which he belongs, assembled 
at such time as said convention may designate, which time 
shall not be less than one week, nor more than three weeks 
from the rising of said convention, for their approbation and 
ratification : and said constitution, when ratified and approved 
by such majority of said qualified voters convened as afore- 
said as shall be directed by said convention, shall be and re- 
main the supreme law of this state. 

And be it further Resolved, That it shall be the duty of the 
selectmen in the several towns aforesaid to give legal notice 
of the time, place, and object of holding town meetings as 
aforesaid, whether for the election of delegates, or for the 
ratification of the constitution ; and the votes in the meetings 



for the choice of delegates shall be counted, and certificates 
of election shall be supplied to said delegates in the same man- 
ner as is now practiced in the election of representatives to the 
General Assembly. And the presiding officer chosen by said 
meetings for ratifying the constitution as aforesaid, shall, as 
soon as may be, transmit by the representatives of their re- 
spective towns, to the General Assembly next after such meet- 
ings are held, a certified statement of the number of votes 
given in said towns on the question of ratifying said constitu- 
tion, both affirmative and negative, and a like statement said 
presiding officer shall also lodge with the town clerks of their 
respective towns, which votes shall be returned to said assem- 
bly and counted in the same manner, as is by law provided for 
returning and counting the votes for governor of this state. 

And be it further Resolved, That two-thirds of the whole 
number of delegates so elected shall form a quorum, and said 
convention shall choose a president and clerk ; and the clerk 
of said convention having been sworn to a faithful discharge 
of the duties of his office, shall proceed to administer to the 
president and members thereof the following oath or affirma- 
tion, viz: 

" You being chosen delegates to this convention for the 
purpose, if need be, of framing and devising a constitution of 
civil government for the people of the State of Connecticut, 
do solemnly swear (or affirm) that you will faithfully discharge 
the trust confided to you.' , 

And said delegates shall be allowed the same fees for travel 
and attendance on said convention, as is now by law allowed 
to the representatives to the General Assembly. 

Be it further Resolved, That all such persons as are. or may, 
at the time of either of said meetings, be qualified by law. and 
duly certified as such by the lawful board for said purpose, 
to be made freemen of this state, may then and there be ad- 
mitted and sworn, and shall be authorized to act as such in 
the business of said meetings. 



Journal. 



STATE OF CONNECTICUT, ss. 

Hartford, August 20th, A.D. 1818. 

This day by virtue of a Resolve of the Honourable 
General Assembly of this State, passed in May, A.D. 1818, a 
Convention of Delegates was formed, consisting of the fol- 
lowing members, that is to say: 

Hartford, Sylvester Wells, Nathaniel Terry. 
Berlin, Samuel Hart, Samuel Norton. 
Bristol, Bryan Hooker. 
Burlington, Bliss Hart. 
Canton, Solomon Everest. 

East Hartford, Richard Pitkin, Samuel Pitkin. 
East Windsor, Charles Jenks, Abner Reed. 
Enfield, Henry Terry, William Dixon. 
Farmington, Timothy Pitkin, John Treadwell. 
Glastenbnry, Samuel Wells, David E. Hubbard. 
Granby, Sadoce Wilcox, Reuben Barker. 
Hartland, Aaron Church, John Treat. 
Marlborough, Elisha Buell. 

Simsbury, Elisha Phelps, Jonathan Pettibone. jr. 
Southington, Roger Whittlesey. Chester Grannis. 
Suffield, Christopher Jones, Asahel Morse. 
Weather sfield, Stephen Mix Mitchell, Levi Lusk. 
18 Windsor, Eliakim Marshall, Josiah Phelps. 32 



8 PROCEEDINGS OF THE 

New Haven, William Bristol, Nathan Smith. 
Cheshire, Andrew Hull, Charles Shelton. 
Branford, Eli Fowler, Jonathan Rose. 
Derby, Joseph Riggs. 
East Haven, Bela Farnham. 
Guilford, Nathaniel Griffing, William Todd. 
Hamden, Russell Pierpont. 
Meriden, Patrick Clark. 
Middlebury, Aaron Benedict. 
Milford, Benjamin Bull, Samuel B. Gunn. 
North Haven, Daniel Pierpont. 
Oxford, David Tomlinson. 
Southbury, Shadrach Osborn. 
Wallingford, John Andrews, William Marks. 
Waterbury, Timon Miles, Andrew Adams. 
Woodbridge, Justus Thomas, Chauncey Tolls. 
17 Wolcott, Ambrose Ives. 25 



New London, Christopher Manwaring, Amasa 

Larned. 
Norwich, John Turner, James Lanman, elected Clerk. 
Bozrah, Roswell Fox. 

Colchester, David Deming, John Isham, jr. 
Franklin, Joshua Hyde. 
Griswold, Elisha I. Abel. 
Groton, John Daboll, William Williams. 
Lisbon, Daniel Braman. 
Lyme, Moses W r arren, Ebenezer Brockway. 
Montvilky Oliver Comstock. 

North Stonington, Chester Smith, William Randall, jun. 
Preston, Denison Palmer, Nathaniel Kimball. 
Stonington, William Randall, Amos Gallup. 
14 Waterford, Charles Avery. 22 

Fairfield, David Hill, Gideon Tomlinson. 

Danbury, Friend Starr, William Cook. 

Brookficld, Noah A. Lacey. 

Greenwich, Clark Sanford, Enos Lockwood. 

Huntington, Timothy S. Wells. William Shelton. 

New Canaan, Nathan Seeley. 

New Fairfield, Samuel T. Barnum. 



CONSTITUTIONAL CONVENTION. 

Newtown, Gideon Botsford, James B. Fairman. 
Norwalk, Moses Gregory, John Eversley. 
Redding, Samuel Whiting, Lemuel Sanford. 
Ridgefield, Joshua King, Abner Gilbert, jun. 
Sherman, Jedediah Graves. 
Stamford, James Stevens, John Weed, jun. 
Stratford, Pierpont Edwards, Robert Fairchild. 
Trumbull, Lewis Burton. 
Weston, Abel Gregory, Isaac Bennett. 
if Wilton, Erastus Sturges. 28 

Windham, Peter Webb, Zacheus Waldo. 
Ashford, Josias Byles, William Perkins. 
Brooklyn, Roger W. Williams. 
Canterbury, Luther Payne, Daniel Frost. 
Columbia, Silas Fuller. 
Hampton, Ebenezer Griffin. 
Killingly, Luther Warren, Ezra Hutchins. 
Lebanon, Stephen D. Tilden, Thomas Babcock. 
Mansfield, Edmund Freeman, Artemas Gurley. 
Plainfield, Elias Woodward, John Dunlap. 
Pomfret, Darius Matthewson, Lemuel Ingalls. 
Sterling, Dixon Hall. 

Thompson, George Larned, Jonathan Nichols, jun. 
Voluntown, Daniel Keigwin. 
15 Woodstock, John McClellan, Elias Childs 2d. 25 

Litchfield, Oliver Wolcott, elected President; John 

Welch. 
Barkhamstcd, Samuel Hayden, Oliver Mills. 
Bethlcm, Nehemiah Lambert. 
Canaan, William M. Burrall, William Douglas. 
Colebrook, Grove Pinney, Arah Phelps. 
Cormvall, Philo Swift, Oliver Burnham. 
Goshen, Adino Flale, Theodore North. 
Harzvinton, James Brace, Uriah Flopkins. 
Kent, Lewis St. John. 

New Hartford, Aaron Austin, Jonathan Marsh. 
New Milford, Orange Merwin. Jehiel Williams. 
Norfolk, Augustus Pettibone, Joseph Battell. 
Plymouth, Calvin Butler. 
Roxbury, John Trowbridge. 



IO PROCEEDINGS OF THE 

Salisbury, Daniel Johnson, Samuel Church. 
Sharon, Cyrus Swan, Samuel E. Everett. 
Torrington, Abel Hinsdale, William Battell. 
Warren, John Tallmadge. 

Washington, Hermanus Marshall, Ensign Bushnell. 
Watertown, Amos Baldwin. 
Winchester, Levi Piatt, Joseph Miller. 
22 Woodbury, Nathaniel Perry, Daniel Bacon. 38 

Middletown, Alexander Wolcott, Joshua Stow. 
Chatham, Enoch Sage, Benjamin Hurd. 
Durham, Thomas Lyman, Lemuel Guernsey. 
Haddam, Ezra Brainard, Jonathan Huntington. 
East Haddam, Solomon Blakeslee, William Hunger- 
ford. 
Killingzvorth, George Elliot, Dan Lane. 
7 Saybrook, Clark Nott, Elisha Sill. 14 

Tolland, Ashbel Chapman, Eliphalet Young. 
Bolton, Saul Alvord, jun. 
Coventry, Jesse Root, Elisha Edgerton. 
Ellington, Asa Willey. 
Hebron, Daniel Burrows, John S. Peters. 
Somers, Benjamin Phelps, Giles Pease. 
Stafford, Ephraim Hyde, Nathan Johnson. 
Union, Ingoldsby W '. Crawford, Robert Paul. 
Vernon, Phineas Talcott. 
10 Willington, Jonathan Sibley, Spafford Brigham. 17 

Wednesday, August 26th. 

More than two-thirds of the Delegates chosen in the State 
having appeared in the State-House about ten o'clock A. M. 
this day, the Convention was called to order by the Honora- 
ble Jesse Root, he being the oldest Delegate present. 

The Convention were requested to bring in their votes for 
a Clerk of their body. They chose James Lanman, a Delegate 
from the town of Norwich, to be the Clerk of the Convention, 
who was sworn accordingly. 

The Convention then elected His Excellency Oliver Wol- 
cott, Esq., a Delegate from the town of Litchfield, to be Pres- 
ident of the Convention. He according took the chair. 



CONSTITUTIONAL CONVENTION. u 

The qualifications of the members were then exhibited and 
examined, and the oath or affirmation, agreeably to said Re- 
solve of Assembly, was duly administered by the Clerk of the 
Convention. 

The Convention being organized, prayers were offered up 
by the Reverend Doctor Abel Flint ; and a resolve passed, re- 
questing the attendance of the several clergymen of Hartford 
to attend and offer prayers as Chaplains to the Convention, 
at the opening of the session on each day during its continu- 
ance. 

Messrs. Nathaniel Terry, James Stevens, Timothy Pitkin, 
Stephen Mix Mitchell, and Amasa Larned, were appointed a 
committee to frame a system of Rules for the order and gov- 
ernment of the Convention during its session. 

The Sheriff of Hartford County was appointed as Officer 
of the Convention, to attend during the session, and directed 
to have two constables to be in waiting, to execute the orders 
of the Convention. 

Adjourned to meet at three o'clock P. M. this day. 

Met according to adjournment. Some members appeared, 
were qualified and took their seats. 

The committee who were appointed to frame rules of pro- 
ceeding, made their report in part : — That the Rules of the 
House of Representatives in the General Assembly of this 
State be adopted as a temporary system, (until other provis- 
ion should be made,) so far as said rules were applicable to 
this Convention. — Which report was accepted. 

On motion of Mr. Stevens, 

Resolved, That this Convention do deem it expedient to pro- 
ceed at this time to form a Constitution of Civil Government 
for the people of this State. 

Passed in the affirmative. 

And the Convention adjourned until to-morrow morning 
at 9 o'clock. 



12 



PROCEEDINGS OF THE 



Thursday, August 27th. 

In Convention: Members appeared, were qualified, and 
took their seats. 

On motion of Mr. Fairchild, 

Resolved, That a committee be appointed, by ballot, to draft 
a Constitution, and report the same to this Convention: to 
consist of three members from each county. 

Passed in the affirmative. 

Voted, That there be a recess of one hour: which was had. 
The Convention then met, and proceeded to choose said com- 
mittee. 

The following gentlemen were chosen : 

For the County of Hartford, Messrs. Sylvester Wells, 

Timothy Pitkin, and 
Elisha Phelps. 

For the County of Neiv Haven, Messrs. Wm. Bristol, 

Nathan Smith, and 
Wm. Todd. 

For the County of New London, Messrs. Moses Warren, 

Amasa Larned, and 
James Lanman. 

For the County of Fairfield, Messrs. Pierpont Edwards, 

James Stevens, and 
Gideon Tomlinson. 

For the County of Windham, Messrs. Peter Webb, 

George Larned, and 
Edmund Freeman. 

For the County of LitchMd, Messrs. John Welch, 

Augustus Pettibone. 
Orange Merwin. 

For the County of Middlesex, Messrs. Joshua Stow, 

Wm. Hungerford, and 
Thomas Lyman. 

For the County of Tolland, Messrs. Daniel Burrows. 

Asa Willey, and 
John S. Peters. 
And the Convention adjourned until to-morrow morning at 
9 o'clock. 



CONSTITUTIONAL CONVENTION. 



13 



Friday, August 28th. 

On motion : Resolved, That an Assistant Clerk be appointed. 

The members were requested by the President to bring in 
their votes for an Assistant Clerk, and Robert Fairchild, a 
Delegate from the town of Stratford, was chosen; who was 
duly sworn accordingly. 

The committee appointed to frame rules and orders for the 
Convention, by their chairman Mr. N. Terry, reported a reso- 
lution, which was amended and the 19th rule added, on motion 
of Mr. A. Wolcott. The resolution was then adopted. 

And the Convention adjourned until this afternoon at 2 
o'clock. 

A motion was made by Mr. Treadwell, to reconsider the 
vote of the Convention adopting the 19th rule, and was deter- 
mined in the negative. 

The resolution reported by the committee appointed to 
frame rules, &c, and amended as aforesaid, is in the follow- 
ing words : 

Resolved, That the following Rules and Orders be adopted 
as the Rules and Orders of the Convention : 

1. The President shall take the chair every day, at the 
hour to which the Convention shall have adjourned, and, after 
prayers and roll-call, shall immediately call the Convention to 
order, and, if a quorum be present, proceed to business. 

2. In the absence of a quorum the President may adjourn 
the Convention to the afternoon, or to the next sitting day. 
At all other times during the session an adjournment shall be 
pronounced by the President, on motion, no objection being 
made : but if an adjournment be objected to, the question 
shall be decided by the Convention, without debate. 

3. The President shall preserve decorum and order, and 
shall decide questions of order without debate, subject to an 
appeal to the Convention. He shall rise to put a question, 
but may state it sitting. The question first moved and sec- 
onded shall be first put ; and in all cases the sense of the Con- 



j. PROCEEDINGS OF THE 

vention shall be first taken upon the largest number or sum, 
and longest time, proposed in any question. 

4. In all cases when a vote is taken without a division, the 
President shall determine, whether it is, or is not a vote ; and 
in all doubtful cases, he shall ask, " Is it doubted ? " If the 
vote be disputed, it shall be tried again : but after the Presi- 
dent has declared the vote, it shall not be recalled, unless by 
a regular motion for reconsideration, made by a member in 
the vote of the Convention. 

5. If the President doubt a vote, or a division be called 
by a member, the question shall be again put, and those vot- 
ing in the affirmative shall first rise from their seats. If the 
President still doubts, or a count be required, the President, 
or, if he so direct, the clerk, shall count them while standing, 
and, if required by a member, those of a contrary mind shall 
rise and be counted. 

6. The yeas and nays shall be taken on any question, when 
moved for and seconded, if supported by one-fourth of the 
Convention. 

7. In all cases of balloting, the President shall vote : in 
other cases he shall not vote, unless the Convention be equally 
divided, or unless his vote, if given to the minority, will make 
the division equal : and in case of such equal division, the 
question shall be lost. 

8. When the Convention adjourns, the members shall 
keep their seats until the President and Clerk, if they please, 
go out: Then the members may follow. 

9. When any member is about to speak in debate, or de- 
liver any matter to the Convention, he shall rise and respect- 
fully address " Mr. President." If two or more rise at once, 
the President shall name the member who is first to speak. 

10. Any member, who has spoken once or oftener upon 
any question, shall give place to any other member rising to 
speak, who has not spoken so often upon that question. 

11. The President may appoint any member to preside in 
his stead, for any time not exceeding one day at a time; and 
he may, during the time of such member's presiding, debate 



CONSTITUTIONAL CONVENTION. j » 

and vote on the floor of the house, like other members. And 
the member, thus appointed to preside, shall have and may 
exercise all the powers of President during- the time of his 
presiding. 

12. No debate shall be allowed after a question is put and 
remains undecided. Whilst the President is putting any 
question or addressing the Convention, no member shall walk 
out of, or across the room : nor either in such case, nor when 
the roll is calling, or anything is in public reading before the 
Convention, or when a member is speaking, shall entertain 
any private discourse ; nor when any member is speaking, 
shall pass between him and the chair. 

13. When a motion is made and seconded, it shall be 
stated to the Convention by the President before any debate 
be had thereon : but every motion shall be reduced to writing, 
if the President so direct, or any member desire it. 

14. When a question is under debate, no motion shall be 
received unless to amend, to commit, to postpone, for the pre- 
vious question, to lie on the table, for the orders of the day, 
or to adjourn; nor either of these after the question is put. 
But a motion to adjourn shall supersede every other motion, 
and shall be decided without debate. 

15. When a motion is stated by the President, or read by 
the Clerk, it shall be in possession of the Convention, but 
may be withdrawn at any time before decision or amendment, 
but not after amendment, unless the Convention give leave. 

16. All committees shall be appointed by the President, 
unless otherwise specially directed by the Convention. 

17. If any member, in speaking or otherwise, transgress 
the rules or orders of the Convention, the President shall, or 
any member may call to order, and if speaking, he shall sit 
down, unless permitted to explain; and' the President shall 
then decide the question of order: but the party may appeal 
from the decision of the President, to the Convention, who 
shall decide thereon without debate. 

18. The Clerk shall keep a Journal of the proceedings of 
the Convention, in which shall be entered all the votes that 



j6 PROCEEDINGS OF THE 

shall be taken in the Convention, and the yeas and nays when 
taken, and all other things proper to be entered in such a 
journal; and every morning, immediately after roll-call, the 
journal of the preceding day shall be read, and all necessary 
corrections of the same be made. 

19. A majority of the Convention shall constitute a quo- 
rum. 



The Committee appointed to draft a Constitution, by their 
chairman, Mr. Edwards, reported in part, submitting to the 
consideration of the Convention a Preamble and Bill of Rights. 

On motion of Mr. A. Wolcott: 

Ordered, That 600 copies of said report be printed for the 
use of the members. 

And the Convention adjourned until to-morrow morning, 

at 9 o'clock. 

Saturday, August 29th. 

* The Journal of yesterday's proceedings was read. 

On motion of Mr. Treadwell : 

Resolved, That the time to which the Convention shall be 
adjourned, be next Monday afternoon, at 2 o'clock. 

The printed copies of the Report of the General Committee, 
(one of which is hereto annexed,) submitting a Preamble and 
Bill of Rights, as aforesaid, were distributed to the members. 

And the Convention adjourned until Monday afternoon, at 

2 o'clock. 

Monday, August 31st. 

The Journal was read, containing the proceedings of the 
Convention from the commencement of the session to this 
time. 

On motion of Mr. Samuel Hart, to take into considera- 
tion this afternoon the Preamble and Bill of Rights reported 
by the committee on Friday last: on a suggestion that the 
committee was absent, engaged in preparing a further report, 
it was determined in the negative. 

And the Convention adjourned until to-morrow morning 
at 9 o'clock. 



CONSTITUTIONAL CONVENTION. j - 

Tuesday, September ist. 

The Journal of yesterday's proceedings was read. 

The Bill of Rights was considered, and the general prin- 
ciples discussed. 

The committee appointed to draft a Constitution and sub- 
mit it to the Convention, made a further report, comprehend- 
ing the Legislative and Executive Departments, which was 
read, and, on motion of Mr. Treadwell, 

Ordered, That 600 copies thereof be printed, for the use of 
the members. 

On motion of Mr. McClellan, the Convention proceeded 
to consider by sections the Preamble and Bill of Rights re- 
ported by the committee. 

The Preamble was first read and approved. 

The eleven first sections were then read, and, (with the 
exception of the 5th section, which was postponed,) approved, 
after various amendments. 

As amended and approved, the Preamble and the sections 
aforesaid are as follows, to wit: — 

Preamble. 
The people of Connecticut, acknowledging with gratitude 
the good providence of God, in having permitted them to 
enjoy a free government, do, in order more effectually to de- 
fine, secure and perpetuate the liberties, rights and privileges 
which they have derived from their ancestors, hereby, after a 
careful consideration and revision, ordain and establish the 
following Constitution and form of civil government. 

Article I. 

Declaration of Rights. 
That the great and essential principles of liberty and free 
government may be recognized and established — 

We declare, 
Sec. 1. That all men when they form a social compact are 



jg PROCEEDINGS OF THE 

equal in rights; and that no man or set of men are entitled 
to exclusive public emoluments or privileges from the com- 
munity. 

Sec. 2. That all political power is inherent in the people, 
and all free governments are founded on their authority, and 
instituted for their benefit, and that they have at all times an 
undeniable and indefeasible right to alter their form of gov- 
ernment in such manner as they think expedient. 

Sec. 3. The exercise and enjoyment of religious profes- 
sion and worship, without discrimination, shall forever be free 
to all persons in this State ; provided that the right hereby 
declared and established shall not be so construed as to ex- 
cuse acts of licentiousness or to justify practices inconsistent 
with the peace and safety of the State. 

Sec. 4. No preference shall be given by law to any Chris- 
tian sect or mode of worship. 

Sec. 5. (Was postponed, on motion of Mr. Treadwell.) 

Sec. 6. Every citizen may freely speak, write and publish 
his sentiments on all subjects, being responsible for the abuse 
of that liberty. 

Sec. 7. No law shall ever be passed to curtail or restrain 
the liberty of speech, or of the press. 

Sec. 8. In all prosecutions or indictments for libels, the 
truth may be given in evidence, and the jury shall have the 
right to determine the law and the facts, under the direction 
of the Court. 

Sec. 9. The people shall be secure in their persons, 
houses, papers and possessions, from unreasonable searches 
or seizures; and no warrant to search any place, or to seize 
any person or things, shall issue, without describing them as 
nearly as may be, nor without probable cause, supported by 
oath or affirmation. 

Sec. 10. In all criminal prosecutions, the accused shall 
have a right to be heard by himself and counsel; to demand 
the nature and cause of the accusation ; to be confronted by 
the witnesses against him ; to have compulsory process to ob- 
tain witnesses in his favor; and in prosecutions by indict- 



CONSTITUTIONAL CONVENTION. 

ment or information, a speedy, public trial, by an impartial 
jury. He shall not be compelled to give evidence against 
himself, nor be deprived of life, liberty or property, but by 
due course of law. And no person shall be holden to answer 
for any crime, the punishment of which may be death or im- 
prisonment for life, unless on a presentment or indictment of 
a grand jury, except in the land or naval forces, or in the 
militia, when in actual service, in time of war, or public 
danger. 

Sec. ii. No person shall be arrested, detained or punish- 
ed, except in cases clearly warranted by law. 

And the Convention adjourned until to-morrow morning 
at 9 o'clock. 

Wednesday, September 2d. 

The Journal was read, containing the proceedings of yes- 
terday. 

Two letters were communicated to the Convention through 
the President, from Messrs. H. C. Flagg, and S. Converse, 
requesting to be admitted upon the floor of the House for the 
purpose of taking sketches of the proceedings and debates; 
and, on motion of Mr. McClellan, it was resolved that they be 
admitted ; and they were admitted accordingly. 

The Convention proceeded to consider by sections the re- 
maining part of the Bill of Rights, reported by their commit- 
tee, being the twelve last sections, which were read in order, 
and various amendments were proposed and adopted, and the 
22d section was expunged. The rest were approved as 
amended, and are in the following words, viz : 

Sec. 12. The property of no person shall be taken for 
public use without just compensation therefor. 

Sec. 13. All courts shall be open, and every person for an 
injury done him in his person, property or reputation, shall 
have remedy, by due course of law, and right and justice ad- 
ministered without sale, denial or delay. 

Sec. 14. Excessive bail shall not be required, nor exces- 
sive fines imposed. 

Sec. 15. All prisoners shall, before conviction, be bailable 



20 PROCEEDINGS OF THE 

by sufficient sureties, except for capital offences, where the 
proof is evident, or the presumption great; and the privilege 
of the writ of habeas corpus shall not be suspended, unless 
when in case of rebellion or invasion, the public safety may 
require it; nor, in any case, but by the legislature. 

Sec. 16. No person shall be attainted of treason or felony 
by the legislature. 

Sec. 17. The citizens have a right, in a peaceable man- 
ner, to assemble for their common good, and to apply to those 
invested with the powers of government for redress of griev- 
ances, or other proper purposes, by petition, address or re- 
monstrance. 

Sec. 18. Every citizen has a right to bear arms in defence 
of himself and the State. 

Sec. 19. The military shall, in all cases, and at all times, 
be in strict subordination to the civil power. 

Sec. 20. No soldier shall, in time of peace, be quartered 
in any house, without the consent of the owner ; nor in time 
of war, but in a manner to be prescribed by law. 

Sec. 21. No hereditary emoluments, privileges or honors, 
shall ever be granted or conferred in this State. 

Sec. 22. The right of trial by jury shall remain inviolate. 

A 23d Section was proposed by Mr. Mitchell, concerning a 
reservation to the people of all rights not delegated by the 
Convention, &c, and, on motion of Mr. Pitkin, it was ordered 
to lie on the table. 

Mr. Treadwell offered two sections to be inserted in the 
Constitution, the object of one of which is, to prevent any per- 
son concerned in a duel from holding any office, and to de- 
prive him of the right of voting for public officers ; and the 
object of the other is, to define the qualifications of electors 
hereafter to be admitted, and to provide that they should pos- 
sess such qualifications at the time of voting, or not be enti- 
tled to vote ; both which were ordered to lie on the table. 

The Second Report of the Committee was taken up, relating 
to the Distribution of Pozvers, and to the Legislative and Ex- 



CONSTITUTIONAL CONVENTION. 2l 

ectitive Departments, and the Convention proceeded to consider 
the same by sections. 

The printed copies of said Report were distributed to the 
members, one of which is hereto annexed. 

The Convention decided to consider the sections separately 
in order, without taking any vote upon them at this time of 
reading, except on such amendments as should be offered. 

Sundry amendments were offered : but before any vote was 
taken on them, they were ordered to lie on the table, except 
one amendment, striking out the words " of State " in the first 
line of the 6th section of the Third Article, and in other places 
where " of State " was used after " Secretary." 

The Convention proceeded accordingly through the Second 
and Third Articles, comprehending the Distribution of Powers 
and the Legislative Department. 

And adjourned until to-morrow morning at 9 o'clock. 

Thursday, September 3d. 

The Journal of yesterday's proceedings was read. 

The Convention proceeded to consider the Fourth Article 
reported by their committee, relating to the Executive Depart- 
ment, by sections, in the manner agreed upon yesterday. 

Printed copies of the Second Report of the Committee were 
again distributed to the members. 

The Committee made a Third Report to the Convention, 
containing the Fifth and Sixth Articles, relating to the Judi- 
cial Department and The Qualifications of Electors, which was 
read, and 600 copies ordered to be printed for the use of the 
members; one of which is hereto annexed. 

The Convention again proceeded to consider by sections 
the Fourth Article reported by the Committee, relating to the 
Executive Department. Sundry amendments were offered and 
adopted. The only amendment affecting any material prin- 
ciple contained in the report, related to the power of pardon- 
ing offences, and remitting fi)ics and penalties, and the words 
vesting that power in the Governor were expunged, on m o- 
tion of Mr. Lanman. 

On motion of Mr. Treadwell, 



22 



PROCEEDINGS OF THE 



Resolved: That the consideration of the 1st section of the 
Second Article, relating to the Distribution of Powers, be 
made the order of the day for to-morrow. 

And the Convention adjourned until to-morrow morning 
at 9 o'clock. 

Friday, September 4th. 

The Journal of yesterday's proceedings was read. 

Printed copies of the Third Report of the Committee, relat- 
ing to the Judicial Department, and to the Qualifications of 
Electors, were distributed to the members. 

The Convention proceeded to the order of the day, being the 
consideration of the Second Article, relating to the Distribu- 
tion of Powers, and after an amendment, merely correcting the 
phraseology, the Second Article was approved. 

The Third Article, relating to the Legislative Department, 
was then read and considered by sections, and after an amend- 
ment, varying the style only, was approved. 

On motion of Air. Treadwell, to strike out the words " one 
stated session of the General Assembly to be Jiolden in each year 
alternately at Hartford and New Haven, on the first Wednesday 
of May," and insert in lieu thereof the words : " tzvo stated ses- 
sions of the General Assembly, to be holdcn in each year alter- 
nately at Hartford and New Haven, on the second Thursday of 
May and October," it was determined in the affirmative. 

The question was then taken on the section as amended, 
and was determined in the affirmative by yeas and nays, which 
were as follows, viz : 



For the motion: 






Messrs. N. Terry, 


Buell, 


Gunn, 


Hooker, 


Whittlesey, 


Thomas, 


Everest, 


Grannis, 


Tolls, 


R. Pitkin, 


Mitchell. 


Deming, 


S. Pitkin, 


Lusk, 


Isham, 


Jenks, 


Fowler, 


Abel. 


Reed, 


Rose, 


Daboll. 


H. Terry, 


Riggs, 


Williams, 


Dixon, 


Farnham, 


Braman, 


T. Pitkin, 


GritTing, 


Brockway, 


Treadwell, 


Todd, 


Gallup. 


A. Church. 


Benedict. 


C. Sanford 


Treat. 


Bull, 


Seeley, 



CONSTITUTIONAL CONVENTION. 



Whiting, 


McClellan, 


W. Battell, 


L. Sanford, 


Childs, 


Tallmadge, 


Weed, 


Hayden, 


Baldwin, 


Fairchild, 


Mills, 


Piatt, 


Burton, 


Lambert, 


Miller, 


Bennett, 


Swift, 


Brainerd, 


Sturges, 


Burnham, 


Huntington, 


Perkins, 


Hale, 


Hungerford, 


R. W. Williams, 


North, 


Elliot, 


Payne, 


Brace, 


Lane, 


Frost, 


Hopkins, 


Nott, 


Fuller, 


Austin, 


Sill, 


Griffin, 


Marsh, 


Alvord, 


L. Warren, 


A. Pettibone, 


Root, 


Hutchins, 


J. Battell, 


Edgerton, 


Matthewson, 


Butler, 


B. Phelps, 


Ingalls, 


Swan, 


Pease, 


G. Larned, 


Everett, 


Crawford, 


Nichols, 


Hinsdale, 


Talcott. — 96 



23 



Against the motion. 



Messrs. Sylvester Wells, 


Turner, 


A. Gregory, 


Norton, 


Lanman, 


Webb, 


Samuel Wells, 


Fox, 


Waldo, 


Hubbard, 


Hyde, 


Byles, 


Wilcox, 


C. Smith, 


Tilden, 


Barker, 


W.m. Randall, Jr., 


Babcock, 


Elisha Phelps, 


Palmer, 


Freeman, 


J. Pettibone, 


Kimball, 


Guriey, 


Jones, 


Wm. Randall, 


Woodward, 


Morse, 


Avery, 


Dunlap, 


E. Marshall, 


Hill, 


Hall, 


J. Phelps, 


G. Tomlinson, 


Keigwin 


N. Smith, 


Starr, 


Welch, 


Hull, 


Cook, 


Burrall, 


C. Shelton, 


Lacey, 


Douglas, 


R. Pierpont, 


Lockwood, 


Pinney, 


Clark, 


T. S. Wells, 


St. John, 


D. Pierpont, 


W. Shelton, 


Merwin, 


D. Tomlinson, 


Barnum, 


Williams, 


Osborn, 


Botsford, 


Trowbridge, 


Andrews, 


Fairman, 


D. Johnson, 


Marks, 


Eversley, 


S. Church, 


Miles, 


King, 


H. Marshall 


Adams, 


Gilbert, 


Bushnell, 


Ives, 


Graves, 


Perry, 


Manwaring, 


Stevens, 


Bacon, 


A. Larned, 


Edwards. 


A. Wolcott, 



2 4 



PROCEEDINGS OF THE 



Stow, 


Young, 


Paul, 


Sage, 


Willey, 


Sibley, 


Hurd, 


Burrows, 


Brigham. 


Lyman, 


Peters, 


96 nays. 


Guernsey, 


Hyde, 




Chapman, 


N. Johnson, 





And the motion was carried, by the casting vote of the 
President, in the affirmative. 

On motion of Mr. Fairchild, to strike out of the 3d section 
of the Third Article the words " The number of Representa- 
tives from each town shall be the same as at present allowed 
and practised," and to insert in lieu thereof the words : " Each 
town containing 4,000 persons, or more, shall be entitled to 
• two Representatives, and each town containing a lesser num- 
ber shall be entitled to one Representative, and no more ; the 
population to be ascertained by the census of the United 
States which shall have been taken next preceding any elec- 
tion." 

And it was determined in the negative. 

A motion was then made by the same member, to amend 
the proposed amendment, by inserting 2,500 instead of 4,000, 
and was determined in the negative. 

A further motion was made by the same member, to insert 
in the proposed amendment 2.000 instead of 2,500, and was 
determined in the negative. 

The Committee made a Fourth Report to the Convention, 
containing the 7th, 8th, 9th, 10th and nth Articles, relating 
to Religion, Education, Impeachments, General Provisions, and 
Amendments to the Constitution; which was read, and 600 
copies ordered to be printed, one of which is annexed. 

On motion of Mr. A. Wolcott, to amend the 3d section by 
striking out the last clause, which was in these words, " but 
the General Assembly may reduce the number, provided that 
there shall be always at least one Representative from each 
town." It was determined in the affirmative. 



CONSTITUTIONAL CONVENTION. 



25 



On the question to pass the 3d section as amended, it was 
determined in the affirmative: the question being, by order 
of the Convention, taken by yeas and nays, [which] were as 
follows : 



For the motion, 






Messrs. Hooker, 


Williams, 


Burnham, 


R. Pitkin, 


Braman, 


Hale, 


S. Pitkin, 


C. Smith, 


North, 


Jenks, 


W. Randall, jun., 


Brace, 


Reed, 


Palmer, 


Hopkins, 


T. Pitkin, 


Kimball, 


Austin, 


Treadwell, 


Gallup, 


Marsh, 


Wilcox, 


Avery, 


A. Pettibone, 


Barker, 


T. S. Wells, 


J. Battell, 


A. Church, 


Botsford, 


Butler, 


Treat, 


Whiting, 


D. Johnson, 


J. Pettibone, 


Sanford, 


S. Church, 


Whittlesey, 


King, 


Swan, 


Grannis, 


Edwards, 


Everett, 


Mitchell, 


Burton, 


Hinsdale, 


J. Phelps, 


Bennett, 


W. Battell, 


N. Smith, 


Waldo, 


Piatt, 


Hull, 


Perkins, 


Miller, 


Fowler, 


Williams, 


Stow, 


Rose, 


Payne, 


Brainerd, 


Riggs, 


Frost, 


Huntington, 


Farnham, 


Fuller, 


Hungeri'ord, 


Griffing, 


Griffin, 


Elliott, 


Todd, 


L. Warren, 


Lane, 


R. Pierpont, 


Hutchins, 


Sill, 


Benedict, 


Dunlap, 


Chapman, 


Gunn, 


Matthewson, 


Alvord, 


D. Tomlinson, 


Ingalls, 


Root, 


Osborn, 


G. Larned, 


Edgerton, 


Marks, 


Nichols, 


Peters, 


Miles, 


McClellan, 


B. Phelps, 


Thomas, 


Hayden, 


Pease, 


Tolls, 


Mills, 


Hyde, 


Manwaring, 


Lambert, 


N. Johnson, 


A. Larned, 


Douglas, 


Hall, 


Turner, 


Pinney, 


Talcott, 


Lanman, 


Swift, 


Brigham. 


Hyde, 




112 yeas 


Against the motion: 






Messrs. Sylvester Wells, 


Hart, 


H. Terry, 


N. Terry, 


Norton, 


Dixon, 



26 



PROCEEDINGS OF THE 



Sam'l Wells, 


Cook, 


Hall, 


Buell, 


Lacey, 


Keigwin, 


E. Phelps, 


Sanford, 


Childs, 


Jones, 


Lockwood, 


Burrall, 


Morse, 


W. Shelton, 


Merwin, 


Lusk, 


Seeley, 


Williams, 


Marshall, 


Barnum, 


Trowbridge, 


Clark, 


Fairman, 


Tallmadge, 


Pierpont, 


Eversley, 


Marshall, 


Andrews, 


Gilbert, 


Bushnell, 


Adams, 


Graves, 


Perry, 


Fox, 


Weed, 


Bacon, 


Deming, 


Fairchild, 


A. Wolcott, 


Isham, 


Gregory, 


Sage, 


Abel, 


Sturges, 


Lyman, 


Daboll, 


Webb, 


Guernsey, 


M. Warren, 


Byles, 


Nott, 


Brockway, 


Tilden, 


Young, 


W. Randall, 


Babcock, 


Willey, 


Hill, 


Freeman, 


Burrows, 


G. Tomlinson, 


Gurley, 


Crawford, 


Starr, 


Woodward, 


Sibley. 

72 nays. 



On motion of Mr. Jenks, to insert a section in these words : 

" No clergyman or preacher of the gospel, of any denomin- 
ation, shall be capable of holding any civil office in this State, 
or of being a member of either branch of the Legislature, 
while he continues in the exercise of the pastoral or clerical 
functions." 

Ordered, That it lie on the table. 

And the Convention adjourned until to-morrow morning, 
at 9 o'clock. 

Saturday, September 5th. 

The Journal of yesterday's proceedings was read and cor- 
rected. 

Mr. A. Church made [a] motion to add a new clause to 
the 3d section of the Third Article, to exclude persons of cer- 
tain professions from being eligible to a seat in either branch 
of the Legislature, or any office under the same ; which was 
rejected, it being out of order, the said 3d section having 
passed. 

Mr. Edwards moved to reconsider the vote, passed yester- 



CONSTITUTIONAL CONVENTION. 2 y 



day, approving the 3d section of the Third Article ; which was 
determined in the negative. 

On motion of Mr. Butler, that the word " Freeman" in the 
2d line of the Third Article, be stricken out, and the word 
" Electors " inserted in lieu thereof, and that wherever the 
word " freemen " occurs, the same alteration be made. — It 
was determined in the affirmative. 

On motion of Mr. Pitkin, further to amend the 4th section 
of the Third Article, by striking out all the words after the 
word " Electors" in the 2d line. — It was determined in the 
affirmative. 

It was moved by Mr. Treadwell, further to amend said sec- 
tion, by striking out all the words after " consist of," and in- 
serting in lieu thereof other words, so that the whole section 
should be read thus : 

" The Senate shall consist of the Governor and Lieutenant 
Governor, for the time being, and twelve senators, to be 
chosen annually by the electors as is hereinafter directed." 

And the Convention adjourned until Monday next, at 2 
. o'clock, afternoon. 

Monday, September 7th. 

The Journal of Saturday's proceedings was read. 

The printed copies of the last Report of the General Com- 
mittee were distributed to the members ; one of which is here- 
to annexed. 

The consideration of Mr. Treadwell's motion, to amend the 
4th section of the Third Article, was resumed; the object of 
which amendment was, to place the Governor at the head of 
the Senate : — And, on the question being put, it was deter- 
mined in the negative, by yeas and nays, as follows, viz: — 

For the motion, 

Messrs. Hooker, Treat, Farnham. 

B. Hart, Buell, Grimng, 

Everest, Grannis, Todd, 

S. Pitkin, Mitchell, Benedict. 

Reed, Lusk. Bull. 

T. Pitkin. Fowler, Gunn, 

Treadwell, Rose, Thomas. 

A. Church, Riggs, Tolls, 



28 



PROCEEDINGS OF THE 



Deming, 


Brace, 


Huntington, 


Whiting, 


Hopkins, 


Lane, 


L. Sanford, 


Austin, 


Nott, 


R. W. Williams, 


Marsh, 


Sill, 


Payne, 


Swan, 


Alvord, 


Frost, 


Everett, 


Root, 


Ingalls, 


A. Hinsdale, 


Edgerton, 


Hayden, 


Wm. Battell, 


B. Phelps, 


Mills, 


Baldwin, 


Pease, 


Lambert, 


Miller, 


Talcott. 


Hale, 


Brainerd, 


56 yeas. 


Against the motion: 






Messrs. Sylv'r Wells, 


Gallup, 


Welch, 


Sam'l Hart, 


Avery, 


Burrall, 


Norton, 


Hill, 


Douglas, 


R. Pitkin, 


Starr, 


Pinney, 


Jenks, 


Cook, 


Burnham, 


H. Terry, 


Lacey, 


North, 


Dixon, 


Sanford, 


St. John, 


Sam'l Wells, 


Lockwood, 


Merwin, 


Wilcox, 


T. S. Wells, 


J. Williams, 


Barker, 


Wm. Shelton, 


A. Pettibone, 


Elisha Phelps, 


Seeley, 


J. Battell, 


J. Pettibone, jun., 


Barnum, 


Butler, 


Jones, 


Botsford, 


Trowbridge, 


E. Marshall, 


Fairman, 


D. Johnson. 


Smith, 


M. Gregory. 


S. Church. 


H. Shelton,. 


Eversley, 


Marshall, 


R. Pierpont, 


King, 


Bushnell, 


Clark, 


Gilbert, 


Tallmadge, 


D. Pierpont, 


Stevens, 


Piatt, 


Osborn, 


Weed, 


A. Wolcott. 


Andrews, 


Edwards, 


Stow, 


Marks, 


Fairchild, 


Sage. 


Miles, 


Graves, 


Hurd. 


Adams, 


Burton, 


Lyman, 


Ives, 


A. Gregory, 


Guernsey, 


Manwaring, 


Sturges, 


Hungcrford, 


Larned, 


Webb, 


Elliot, 


Lanman, 


Waldo, 


Chapman, 


Fox, 


L. Warren, 


Young, 


Daboll, 


Hutchins, 


Willey, 


Wm. Williams, 


Tilden, 


Burrows, 


Braman, 


Babcock, 


Peters, 


M. Warren, 


Freeman, 


E. Hyde, 


Brockway, 


Gurley, 


Johnson, 


Comstock, 


Woodward, 


Crawford, 


C. Smith, 


Dunlap, 


Paul, 


Palmer, 


Hall, 


Sibley, 


Kimball, 


Keigwin, 


Brigham. ii-mays. 



CONSTITUTIONAL CONVENTION. 



29 



On motion of Mr. M. Warren, to amend said 4th section, 
by striking out the words " twelve members'' and inserting in 
lieu thereof a provision that twenty senators be annually chosen 
by districts, and that the State be divided into twenty districts 
for that purpose : A division of the amendment being ordered, 
the question was taken on that part of the amendment pro- 
viding that the Senate consist of twenty Senators, and deter- 
mined in the negative by yeas and nays, as follows, to wit : — 



For the Amendment, 



Messrs. Sylv'r Wells, 


Larned, 


Sam'l Hart, 


Lanman, 


Norton, 


Fox, 


R. Pitkin, 


Daboll, 


Jenks, 


Wm. Williams 


H. Terry, 


M. Warren, 


Dixon, 


Brockway, 


Sam'l Wells, 


C. Smith, 


Wilcox, 


Palmer, 


Barker, 


Kimball, 


J. Pettibone, 


Avery, 


E. Marshall, 


Cook, 


D. Pierpont, 


C. Sanford, 


Andrews, 


Stevens, 


Marks, 


Edwards, 


Manwaring, 


Fairchild, 



Webb, 

Freeman, 

Woodward, 

Welch, 

Merwin, 

Williams, 

Butler, 

A. Wolcott, 

Stow, 

Sage, 

Hurd, 

Chapman, 

Willey, 

Burrows, 

Peters, 

Crawford. 

48 yeas. 



Against the motion, 

Messrs. Hooker, Riggs, 

B. Hart, Farnham, 

S. Pitkin, Griffing, 

Reed, R. Pierpont, 

T. Pitkin, Clark, 

Treadwell, Benedict, 

A. Church, Osborn, 

Treat, Miles, 

Buell, Adams, 

Elisha Phelps, Thomas, 

Grannis, Tolls, 

Mitchell, Ives, 

Lusk, Deming, 

Fowler, Isham, 

Rose, Braman, 

Hull, Comstock, 

Shelton, Gallup, 



Hill, 

Starr, 

T. S. Wells, 

Wm. Shelton, 

Barnum, 

Botsford, 

Fairman, 

M. Gregory, 

Eversley, 

Whiting, 

Sanford, 

J. King, 

Gilbert, 

Weed, 

Graves, 

Burton, 

A. Gregory, 



30 



PROCEEDINGS OF THE 



Bennett, 


Burnham, 


Brainerd, 


Sturges, 


Hale, 


Huntingto: . 


Waldo, 


North, 


Lyman, 


R. W. Williams, 


Brace, 


Guernsey, 


Payne, 


Hopkins, 


HungerforU. 


L. Warren, 


St. John, 


Elliot, 


Hutchins, 


Austin, 


Lane, 


Tilden, 


Marsh, 


Nott, 


Babcock, 


A. Pettibonc, 


Sill, 


Gurley, 


J. Battell, 


Young, 


Dunlap, 


Trowbridge, 


Alvord, 


Ingalls, 


D. Johnson, 


Root, 


Hall, 


S. Church, 


Edgerton, 


Larned, 


Swan, 


B. Phelps. 


Nichols, 


Everett, 


Pease, 


Keigwin, 


A. Hinsdale, 


E. Hyde, 


Hayden, 


W. Battell, 


N. Johnson, 


Mills, 


H. Marshall, 


Paul, 


Lambert, 


Bushnell, 


Talcott, 


Burrall, 


Tallmadge, 


Sibley, 


Douglas, 


Baldwin, 


Brigham. 


Pinney, 


J. Miller, 


116 nays. 



The next question before the Convention was, on the other 
branch of the proposed amendment, to wit : Whether the 
Senators should be chosen by Districts. But, before any de- 
cision thereon, the Convention adjourned until to-morrow 
morning at 8 o'clock. 

Tuesday, September 8th. 

The Journal of yesterday's proceedings was read. 

Mr. M. Warren obtained leave to withdraw his motion for 
amendment, last under consideration. 

The Convention then resumed the consideration of the 4th 
section of the Third Article, relating to the number and man- 
ner of choosing Senators, and, 

On motion of Mr. Edwards, to strike out the word " tzi'dzx " 
and insert in lieu thereof the word " sixteen" and. 

On motion of Mr. Fairchild, to insert the number fourteen 
instead of twelve, 

Both motions were successively determined in the negative. 

The question was then taken on the passage of the 4th sec- 
tion as amended, being in these words : 



CONSTITUTIONAL CONVENTION. 



3* 



" The Senate shall consist of twelve members, to be chosen 
annually by the electors." 

And was determined in the affirmative. 

The Convention proceeded to consider the 5th and the 6th 
sections of the Third Article, which were read, and on mo- 
tion of Mr. Treadwell to amend the same, by striking out 
both sections, and to insert in lieu thereof several sections, 
making provision for the meeting of the electors in Septem- 
ber, annually, for the purpose of choosing Representatives to 
the General Assembly and placing twenty men from the body 
of electors in nomination for Senators, out of which number 
or nomination the electors should, in the month of May next 
succeeding, annually, elect twelve Senators : 

A division of the amendment was ordered, and the question 
taken on the first part, providing " that the electors meet in 
the month of September, annually, and elect their Represent- 
atives, &c," by yeas and nays, as follows : — 

For the motion, 

Deming, 

Isham, 

Abel, 

Braman, 

Whiting, 

L. Sanford, 

Burton, 

Bennett, 

R. W. Williams, 

Payne, 



Messrs. N. Terry, 
Hooker, 
B. Hart, 
S. Pitkin, 
Reed, 
H. Terry, 
T. Pitkin, 
Treadwell, 
A. Church, 
Treat, 
Buell, 
Whittlesey, 
Grannis, 
Mitchell, 
Lusk, 
Fowler, 
Rose, 
Riggs, 
Farnham, 
Grifnng, 
Todd, 
Benedict, 
Bull, 
Gunn, 
Osborn, 
Thomas, 
Tolls, 



Frost, 

Fuller, 

Matthewson, 

Ingalls, 

Larned, 

Nichols, 

McClellan, 

Childs, 

Hayden, 

Mills, 

Lambert, 

Swift, 

Burnham, 

Hale, 

North, 

Brace, 

Hopkins, 



Austin, 

Marsh, 

A. Pettibone, 

J. Battell, 

C. Butler, 

Swan, 

Everett, 

A. Hinsdale. 

W. Battell, 

Tallmadge, 

Baldwin, 

Piatt, 

Miller, 

Brainerd, 

Huntington, 

Hungerford, 

Elliot, 

Lane, 

Nott, 

Sill, 

Alvord, 

Root, 

Edgerton, 

Willey, 

B. Phelps, 

Talcott. 

So yeas. 



32 



PROCEEDINGS OF THE 



Against the motion: 



Messrs. Sylv'r Wells, 


Wm. Randall, jun., 


Braman, 


Sam'l Hart, 


Palmer, 


Gurley, 


Norton, 


Kimball, 


Woodward, 


R. Pitkin, 


Wm. Randall, 


Dunlap, 


Dixon, 


Gallup, 


Hall, 


Sam'l Wells, 


Avery, 


Keigwin, 


Hubbard, 


Hill, 


Welch, 


Wilcox, 


Tomlinson, 


Eurrall, 


Barker, 


Starr, 


Douglas, 


Elisha Phelps, 


Cook, 


Pinney, 


J. Pettibone, jun., 


Lacey, 


A. Phelps, 


Jones, 


C. Sanford, 


St. John, 


Marshall, 


Lockwood, 


Merwin, 


Josiah Phelps, 


Wm. Shelton, 


Williams, 


N. Smith, 


Seeley, 


Trowbridge, 


Hull, 


Barnum, 


D. Johnson, 


Shelton, 


Botsford, 


S. Church, 


R. Pierpont, 


Fairman, 


Marshall, 


D. Pierpont, 


M. Gregory, 


Bushnell, 


Andrews, 


Eversley, 


Wolcott, 


Marks, 


King, 


Stow, 


Miles, 


Gilbert, 


Sage, 


Adams, 


Stevens, 


Hurd, 


Ives, 


Weed, 


Lyman, 


Manwaring, 


Edwards, 


Guernsey, 


Larned, 


Fairchild, 


Chapman, 


Lanman, 


Graves, 


Young, 


Fox, 


A. Gregory, 


Burrows, 


J. Hyde, 


Sturges, 


Peters, 


Daboll, 


Webb, 


E. Hyde, 


Wm. Williams, 


.Waldo, 


N. Johnson, 


M. Warren, 


L. Warren, 


Paul, 


Brockway, 


Hutchins, 


Sibley, 


Comstock, 


Tilden, 


Brigham. 


C. Smith, 


Babcock, 


104 nays. 



And so the motion was lost. 

The Third Article was read through with the amendments, 
which provided for two stated sessions (instead of one stated 
session, as reported by the committee,) and changing the 
time to the second Thursday, and so forth. 

On motion of Mr. Edwards, for the reconsideration of the 
vote amending the 2d section, varying it so as to provide for 
tivo stated sessions of the General Assembly annually, instead 



CONSTITUTIONAL CONVENTION. ** 

of one stated annual session, as reported by the committee : It 
was determined in the affirmative. The amendment was then 
stricken out, and the section passed as originally reported. 

On motion of Mr. Fairchild, further to amend the 4th sec- 
tion, by adding a clause, so that the whole section should be 
read thus: 

. " The Senate shall consist of twelve Senators ; provided 
that the General Assembly shall, within two years after the 
taking of the next census, increase the number of Senators, 
not exceeding twenty-one, and shall also, within said time, 
divide the State into such number of senatorial districts, not 
less than seven, as they may think proper; in each of which 
districts there shall thereafter be chosen by the electors 
thereof, such number of Senators as shall be allotted to such 
district, in a manner to be by law directed/' 

It was determined in the negative, by yeas and nays, as fol- 
lows : — 



For the motion: 






Messrs. Sylv'r Wells, 


Lanman, 


Fairchild, 


Sam'l Hart, 


Daboll, 


Webb, 


Norton, 


M. Warren, 


Waldo, 


R. Pitkin, 


Brockway, 


Hutchins, 


Sam'l Wells, 


Wm. Randall, jun., 


lilden, 


Hubbard, 


Palmer, 


Freeman, 


Wilcox, 


Kimball, 


Gurley, 


Barker, 


Wm. Randall, 


Woodward, 


J. Pettibone, jun., 


Avery, 


Welch, 


Marshall, 


G. Tomlinson, 


Stow, 


C. Shelton, 


Cook, 


Sage, 


R. Pierpont, 


Sanford, 


Chapman, 


D. Pierpont, 


T. S. Wells, 


Young, 


Marks, 


Wm. Shelton, 


Burrows, 


Manwaring, 


Stevens, 


Peters. — 45 yeas 


Against the motion: 






Messrs. Hooker, 


A. Church, 


Lusk, 


S. Pitkin, 


Treat, 


N. Smith, 


Jenks, 


Buell, 


Fowler, 


Reed, 


Whittlesey, 


Rose, 


H. Terry, 


Grannis, 


Hull, 


Dixon, 


Jones, 


Riggs, 


T. Pitkin, 


Morse, 


Farnham, 


Treadwell, 


Mitchell, 


Grifnng, 



34 



PROCEEDINGS OF THE 



Todd, 


A. Gregory, 


J. Battell, 


Benedict, 


Bennett, 


Butler, 


Bull, 


Sturges, 


Trowbridge, 


Gunn, 


R. W. Williams, 


D. Johnson, 


Osborn, 


Payne, 


S. Church, 


Miles, 


Frost, 


Swan, 


Adams, 


Fuller, 


Everett, 


Thomas, 


Griffin, 


Hinsdale, 


Tolls, 


L. Warren, 


. W. Battell, 


Ives, 


Babcock, 


Marshall, 


Larned, 


Dunlap, 


Bushnell, 


Fox, 


Matthewson, 


Tallmadge, 


Deming, 


Ingalls, 


Baldwin, 


Isham, 


Hall, 


Piatt, 


J. Hyde, 


Larned, 


Miller, 


Abel, 


Nichols, 


A. Wolcott, 


Wm. Williams, 


Keigwin, 


Brainerd, 


Braman, 


McClellan, 


Huntington, 


Comstock, 


Childs, 


Hurd, 


C. Smith, 


Hayden, 


Lyman, 


Gallup, 


Mills, 


Hungerford, 


Hill, 


Lambert, 


Elliot, 


Starr, 


Burrall, 


Lane, 


Lacey, 


Douglas, 


Nott, 


Seeley, 


Pinney, 


Sill, 


Barnum, 


A. Phelps, 


Alvord, 


Botsford, 


Swift, 


Root, 


Fairman, 


Burnham, 


Edgerton, 


M. Gregory, 


Hale, 


B. Phelps. 


Eversley, 


North, 


Ephraim Hyde 


Whiting, 


Brace, 


N. Johnson, 


Sanford, 


Hopkins, 


Crawford, 


King, 


St. John, 


Paul, 


Gilbert, 


Austin, 


Talcott, 


Weed, 


Marsh, 


Sibley, 


Edwards, 


Merwin, 


Brigham. 


Graves, 


Williams, 




Burton, 


A. Pettibone, 


136 na? 



On motion of Mr. Mitchell, the 1st line of the nth section 
was amended, so that, instead of the words " The doors of each 
house shall be open," it should stand thus : " The debates of each 
house shall be public" 

The Convention after approving the 1st, 3d, 4th. 5th. 6th, 
7th, 8th, 9th, 10th and nth sections of the Third Article, as 
amended, and restoring the 2d section as it was reported, pro- 
ceeded to the consideration of the Fourth Article, relating 



'*'V"'XZ 



I 1780960 

CONSTITUTIONAL CONVENTION. - - 

to the Executive Department. The other amendments only 
changed the phraseology, and are not, therefore, noted on the 
journal. 

The ist section was read and approved as before amended. 

The 2d section was read, and various amendments pro- 
posed; and while under consideration, the Convention ad- 
journed until to-morrow morning at 8 o'clock. 

Wednesday, September 9th. 

The Journal of yesterday's proceedings was read and cor- 
rected. 

The Convention resumed the consideration of the 2d sec- 
tion of the Fourth Article. 

On motion of Mr. Lanman, the whole section was stricken 
out, and the following substitute adopted, viz : 

" Sec. 2d. At the meetings of the electors in the respective 
towns in the month of April, in each year, immediately after 
the election of Senators, the presiding officers shall call upon 
the electors to present ballots for him whom they would elect 
to be Governor, with his name fairly written. When such 
ballots shall have been received, and counted in the presence 
of the electors, duplicate lists of the persons voted for, and of 
the number of votes given for each, shall be made and certi- 
fied by the presiding officer, one of which lists shall be depos- 
ited in the office of the town clerk within three days, and the 
other, within ten days after said election, shall be transmitted 
to the Secretary, or to the sheriff of the county in which such 
election shall have been held. The sheriff receiving said votes 
shall deliver or cause them to be delivered, to the Secretary 
within fifteen days next after said election. The votes so 
returned shall be counted by the Treasurer, Secretary and 
Comptroller, within the month of April. A fair list of the 
persons and numbers of votes given for each, together with 
the returns of the presiding officers, shall be by the Treasurer, 
Secretary and Comptroller, made and laid before the General 
Assembly then next to be holden, on the first day of the ses- 
sion thereof; and said Assembly shall, after examination of 
the same, declare the person who has a majority of the votes 



3(5 PROCEEDINGS OF THE 

returned as aforesaid, to be legally chosen, and give him no- 
tice accordingly. If no person shall have a majority of the 
whole number of said votes, or if two or more persons shall 
have an equal and the greatest number of said votes, then said 
Assembly, on the second day of their session, by joint ballot 
of both Houses, shall proceed, without debate, to choose a 
Governor from a list of the names of the two persons having 
the greatest number of votes, or of the names of the persons 
having an equal and highest number of votes so returned as 
aforesaid. The General Assembly shall by law prescribe the 
manner in which all questions concerning the election of a 
Governor or Lieutenant Governor shall be determined." 
The 3d section was read and approved. 
On motion of Mr. Gallup, the 4th section was amended by 
inserting the words " Senators and Representatives " after the 
words " Lieutenant Governor," in the 2d line. 

The 5th and 6th sections were read, and approved as re- 
ported. 

The 7th section was read and approved as amended, the 
words " of the General Assembly " having been inserted in the 
2d line, after the word " Houses." 

The 8th and 9th sections were read and approved. 
On motion of N. Terry, the 10th section was stricken out, 
and the following words inserted as a substitute, viz : 

" The Governor shall have power to grant reprieves after 
conviction, in all cases, except those of impeachment, until the 
end of the next session of the General Assembly, and no 
longer." 

The nth section was read and approved, as reported. 
On motion of Mr. Swan, the 12th section was amended by 
striking out the first clause and substituting these words : " A 
Secretary shall be chosen next after the Treasurer, and in the 
same manner." — And, on motion of Mr. S. Church, this sec- 
tion was further amended by inserting next after the above 
amendment these words: *<md the votes for the Secretary shall 
be returned to, and counted, canvassed and declared by the Treas- 
urer and Comptroller, — and was approved as amended. 



CONSTITUTIONAL CONVENTION. 



37 



The 13th section was read as before amended, and, on mo- 
tion of Mr. Baldwin, was further amended by inserting the 
words " and transmit it to the Secretary" in the 4th line : so 
that the whole section, as amended, stands thus : 

" Every bill which shall have passed both Houses of the 
General Assembly shall be presented to the Governor. If he 
approves, he shall sign, and transmit it to the Secretary, but 
if not, he shall return it to the House in which it originated, 
with his objections, which shall be entered on the Journals of 
the House, who shall proceed to reconsider the bill. If, after 
such reconsideration, that House shall again pass it, it shall 
be sent, with the objections, to the other House, which shall 
also reconsider it. If approved, it shall become a law. But 
in such cases, the votes of both Houses shall be determined 
by yeas and nays ; and the names of the members voting for 
and against the bill shall be entered on the Journals of each 
House, respectively. If the bill shall not be returned by the 
Governor within three days, Sundays, excepted, after it shall 
have been presented to him, the same shall be a law in like 
manner as if he had signed it; unless the General Assembly, 
by their adjournment, prevent its return, in which case it shall 
not be a law." 

The question on the section as amended was taken by yeas 
and nays. Approved by 127 yeas to 52 nays. 

Those zvho voted in the affirmative were: 

Thomas, 

Ives, 

Manwaring, 

A. Larned, 

Fox, 

Daboll, 

\V. Williams, 

Braman, 

M. Warren, 

Brockway, 

Comstock, 

C. Smith. 

W. Randall, jun., 

Palmer. 

Kimball. 

W. Randall. 



Messrs. Sylv'r Wells, 


E. Marshall, 


N. Terry, 


J. Phelps, 


S. Hart, 


N. Smith, 


Norton, 


Hull, 


R. Pitkin, 


C. Shelton, 


Jenks, 


Todd, 


Dixon, 


R. Pierpont, 


Samuel Wells, 


Clark, 


Wilcox, 


Benedict, 


Barker, 


Gunn, 


Buell, 


D. Piernont, 


E. Phelps, 


D. Tomlinson 


J. Pettibone, 


Osborn, 


Whittlesey, 


Marks, 


Jones, 


Miles, 


Mitchell, 


Adams, 



38 PROCEEDINGS OF THE 

Gallup, Payne, 

Avery, Fuller, 

Hill, L. Warren, 

G. Tomlinson, Hutchins, 

Starr, Tilden, 

Cook, Babcock, 

Lacey, Freeman, 

Lockwood, Gurley, 

T. S. Wells, Woodward, 

W. Shelton, Matthewson, 

Seeley, Hall, 

Barnum, G. Larned, 

Botsford, Keigwin, 

Fairman, McClellan, 

Eversley, Welch, 

J. King, Mills, 

Gilbert, Lambert, 

Stevens, Burrall, 

Weed, Douglas, 

Fairchild, North, 

Graves, Hopkins, 

Burton, St. John, 

A. Gregory, Merwin, 

Bennett, J. Williams, 

Sturges, A. Pettibone, 

Webb, J. Battell, 

Waldo, Trowbridge, 



D. Johnson, 

S. Church, 

Everett, 

H. Marshall, 

Bushnell, 

Baldwin, 

Miller, 

A. Wolcott, 

Stow, 

Sage, 

Hurd, 

Lyman, 

Hungerford, 

Chapman, 

Young, 

Edgerton, 

Willey, 

Burrows, 

Peters, 

E. Hyde, 

N. Johnson, 

Crawford, 

Paul, 

Sibley, 

Brigham. 



27 yeas. 



Those zvho voted in the negative zvere: 



Messrs. Hooker, 


Lanman, 


Marsh, 


S. Pitkin, 


Deming, 


Butler, 


Reed, 


Isham, 


Swan, 


H. Terry, 


J. Hvde, 


A. Hinsdale, 


T. Pitkin, 


Abel, 


W. Battell, 


Treadwell, 


Whiting, 


Tallmadge, 


A. Church, 


L. Sanford, 


Piatt, 


Treat, 


R. W. Williams. 


Brainerd, 


Grannis, 


Frost, 


Huntington, 


Lusk, 


Griffin. 


Elliot, 


Fowler, 


Ingalls. 


Lane, 


Rose, 


Nichols, 


Sill, 


Riggs, 


Childs, 


Alvord, 


Farnham, 


Hayden. 


Root. 


Gritting, 


Swift. 


B. Phelps, 


Bull, 


Burnham. 


Talcott. 


Andrews, 


Brace, 




Tolls, 


Austin, 


5-2 r 



CONSTITUTIONAL CONVENTION. ^g 

4 The 14th, 15th, 16th, 17th, 18th, and 19th sections were 

read, and, after verbal amendments, approved. 

The 20th section was read and amended, on motion of Mr. 
G. Tomlinson, so as to stand thus : 

" A Sheriff shall be appointed in each county, by the Gen- 
eral Assembly, who shall hold his office for three years, re- 
movable by said Assembly; and in case the sheriff of any 
county shall die or resign, the Governor may fill the vacancy 
occasioned thereby, until the same shall be filled by the Gen- 
eral Assembly." « 

And was approved as amended. 

The 21st section was read and approved. 

The Convention then proceeded to the consideration of the 
Fifth Article reported by the committee, relating to the Judi- 
cial Department. 

The 1st and 2d sections were read and approved. 

Mr. A. Wolcott made a motion to amend the 3d section, by 
striking out all the words after the words " General Assembly" 
in the 4th line, except the last clause of the section : but be- 
fore any decision thereon, 

The Convention adjourned until eight o'clock to-morrow 
morning. 

Thursday, September 10th. 

The Journal of yesterday's proceedings was read. 

The Convention resumed the consideration of the motion 
of Mr. A. Wolcott, relating to the tenure of the offices of the 
Judges of the Supreme Court and of the Superior Court; 
and on the question being taken by yeas and nays, it was de- 
termined in the negative, as follows, viz : — 

For the amendment: 



Messrs. Sylv'r Wells, 


Hubbard, 


Josiah Phelps, 


S. Hart, 


Wilcox, 


Clark, 


Norton, 


Barker, 


Manwaring, 


Everest, 


J. Pettibone, jun., 


Lanman, 


R. Pitkin, 


Jones, 


Fox, 


Sam'l Wells, 


E. Marshall, 


Hyde, 



40 



PROCEEDINGS OF THE 



Daboll, 

Wm. Williams, 

Braman, 

Comstock, 

C. Smith, 

Wm. Randall, jun., 

Palmer, 

Kimball, 

Wm. Randall, 

Gallup, 

Avery, 

Lockwood, 

T. S. Wells, 

Seeley, 

Barnum, 

Fairchild, 

Burton, 



A. Gregory, 

Bennett, 

Webb, 

Waldo, 

L. Warren, 

Hutchins, 

Tilden, 

Babcock, 

Freeman, 

Gurley, 

Woodward, 

Dunlap, 

Hall, 

Keigwin, 

Welch, 

Pinney, 

Aran Phelps, 



J. Williams, 

A. Wolcott, 

Stow, 

Sage, 

Hurd, 

Lyman, 

Chapman, 

Young, 

Edgerton, 

J. S. Peters, 

Hyde, 

N. Johnson, 

Crawford, 

Paul, 

Sibley, 

Brigham. 

68 yeas. 



Against the motion 



;srs. Terry, 


Osborn, 


Sturges, 


Hooker, 


Andrews, 


R. W. Williams. 


B. Hart, 


Miles, 


Payne, 


S. Pitkin, 


Adams, 


Frost, 


Jenks, 


Thomas, 


Fuller, 


Reed, 


Tolls, 


Griffin, 


H. Terry, 


Ives, 


Matthewson, 


Dixon, 


Larned, 


Ingalls, 


T. Pitkin, 


Deming, 


G. Larned, 


Treadwell, 


Isham, 


Nichols, 


A. Church, 


Abel, 


McClellan. 


Treat, 


Brockway, 


Childs, 


Buell, 


Hill, 


0. Wolcott, 


Grannis, 


Tomlinson, 


Hayden, 


Mitchell, 


Starr, 


Mills, 


Lusk, 


Cook, 


Lambert, 


N. Smith, 


Lacey, 


Burrall, 


Fowler, 


C. Sanford, 


Douglas, 


Rose, 


Wm. Shelton, 


Swift. 


Hull, 


Botsford, 


Burnham, 


Shelton, 


Fairman, 


Hale, 


Riggs, 


M. Gregory, 


North, 


Farnham, 


Eversley, 


Brace, 


Todd, 


Whiting, 


Hopkins, 


R. Pierpont, 


L. Sanford, 


St. John, 


Benedict, 


King, 


Austin, 


Bull, 


Stevens, 


Marsh, 


Gunn, 


Weed. 


Merwin. 


D. Pierpont, 


Edwards, 


A. Pettibone. 


D. Tomlinson, 


Graves. 


J. Battell, 



CONSTITUTIONAL CONVENTION, 



41 



Butler, 


Bushnell, 


Lane, 


Trowbridge, 


Tallmadge, 


Nott, 


D. Johnson, 


Baldwin, 


Sill, 


S. Church, 


Piatt, 


Alvord, 


Swan, 


Miller, 


Root, 


Everett, 


Brainerd, 


Willey, 


Hinsdale, 


Huntington, 


B. Phelps, 


Wm. Battell, 


Hungerford, 


Pease, 


Marshall, 


Elliott, 


Talcott. 

117 nays 



On motion of Mr. M. Warren, to amend the 3d section of 
the Fifth Article, by striking out the words " good behavior" 
and inserting in lieu thereof the words " five years," it was 
determined in the negative. 

On motion of Mr. Lanman, to strike out the same v.ords, 
and to insert in lieu thereof the words " three years," it was 
determined in the negative by yeas and nays. Yeas 88. 
Nays 98. 

Those zuho voted in the affirmative were: 



Messrs. Norton, 


Brockway, 


Burton, 


R. Pitkin, 


Comstock, 


A. Gregorv. 


S. Pitkin, 


C. Smith, 


Webb, 


Sam'l Wells, 


W. Randall, jun., 


Waldo, 


Hubbard, 


Palmer, 


Griffin, 


Wilcox, 


Kimball, 


L. Warren, 


Barker, 


W. Randall, 


Hutchins, 


J. Pettibone, jun., 


Gallup, 


Tilden, 


Jones, 


Avery, 


Babcock, 


Mitchell, 


Cook, 


Freeman, 


E. Marshall, 


Lacey, 


Gurley, 


J. Phelps, 


Sanford, 


Dunlap. 


Hull, 


Lockwood, 


Hall, 


C. Shelton, 


T. S. Wells, 


Keigwin. 


R. Pierpont, 


W. Shelton, 


Welch, 


Qark, 


Seeley, 


Pinney, 


D. Pierpont, 


Barnum, 


A. Phelps, 


Marks, 


Botsford, 


J. Williams, 


Manwaring, 


M. Gregory, 


Trowbridge 


Lanman, 


Eversley, 


Bushnell. 


Fox, 


Gilbert, 


Tallmadge. 


J. Hyde, 


Stevens, 


Stow, 


Daboll, 


Weed, 


Sage. 


W. Williams, 


Fairchild. 


Hurd, 


M. Warren, 


Graves, 


Lyman. 



42 



PROCEEDINGS OF THE 



Guernsey, 


Burrows, 


Paul, 


Chapman, 


Peters, 


Sibley, 


Young, 


E. Hyde, 


Brigham. 


Root, 


N. Johnson, 




Edgerton, 


Crawford, 





88 yeas. 



Those who voted in the negative were: 



Messrs. Sylv'r Wells, 
N. Terry, 
S. Hart, 
Hooker, 
Everest, 
Jenks, 
Reed, 
H. Terry. 
Dixon, 
T. Pitkin, 
Treadwell, 
A. Church, 
Treat, 
Buell, 
Grannis, 
Lusk, 
N. Smith, 
Fowler, 
Rose, 
Riggs, 
Farnham, 
Todd, 
Benedict, 
Bull, 
Gunn, 

D. Tomlinson, 
Osborn, 
Andrews, 
Miles, 
Adams, 
Thomas, 
Tolls, 
A. Larned, 



Deming, 
Isham, 
Abel, 
Braman, 
Hill, 

G. Tomlinson, 
Starr, 
Fairman, 
Whiting, 
L. Sanford, 
J. Kin- 
Edwards, 
Bennett, 
Sturges, 

R. W. Williams, 
Payne, 
Frost, 
Fuller, 
Woodward, 
Matthewson, 
Ingalls, 
G. Larned, 
Nichols, 
McClellan, 
Childs, 
O. Wolcott, 
Hayden, 
Mills, 
Lambert, 
Burrall, 
Douglas, 
Swift, 
Burnham. 



Hale, 

North, 

Brace, 

Hopkins, 

St. John, 

Austin, 

Marsh, 

Merwin, 

A. Pettibone, 

J. Battell, 

Butler, 

S. Church, 

Swan, 

Everett, 

A. Hinsdale, 

W. Battell, 

H. Marshall, 

Baldwin, 

Piatt, 

Miller, 

A. Wolcott, 
Brainerd, 
Huntington, 
Hungerford, 
Elliot, 
Lane, 
Nott, 

Sill, 

Alvord, 

Willey, 

B. Phelps, 
Pease, 
Talcott. 

[The names count 99. 



On motion of Mr. Stevens, to insert the words " the picas- 
ure of the General Assembly'' instead of " good behavior", it 
was determined in the negative by yeas and nays. — 76 yeas, 
105 nays. 



CONSTITUTIONAL CONVENTION. 



43 



Tlwse who voted in the affirmative zvere: 



Messrs. Sylv'r Wells, 


Palmer, 


S. Hart, 


Kimball, 


Norton, 


W. Randall, 


R. Pitkin, 


Gallup, 


Sam'l Wells, 


Avery, 


Hubbard, 


Hill, 


Wilcox, 


Lacey, 


Barker, 


C. Sanford, 


J. Pettibone, 


Lockwood, 


Jones, 


T. S. Wells, 


E. Marshall, 


W. Shelton, 


J. Phelps, 


Seeley, 


C. Shelton, 


Barnum, 


R. Pierpont, 


M. Gregory, 


Marks, 


Eversley, 


Manwaring, 


Gilbert, 


Lanman, 


Stevens, 


Fox, 


Weed, 


J. Hyde, 


Fairchild, 


Daboll, 


Graves, 


W. Williams, 


Burton, 


Braman, 


A. Gregorv, 


M. Warren, 


Webb, 


Brockway, 


Waldo, 


Comstock, 


L. Warren, 


G. Smith, 


Hutchins, 


W. Randall, jun., 


Tilden, 



Babcock, 

Freeman, 

Gurley, 

Woodward, 

Dunlap, 

Hall, 

Keigwin, 

Welch, 

Trowbridge, 

A. Wolcott, 

Stow, 

Sage, 

Hurd, 

Lyman, 

Guernsey, 

Chapman, 

Young, 

Root, 

Burrows, 

Peters, 

E. Hyde, 

N. Johnson, 

Crawford, 

Paul, 

Sibley, 

Brigham. 

[The names count So.] 



Those who voted in the negative zvere. 



Messrs. N. Terry, 
Hooker, 
Everest, 
S. Pitkin, 
Jenks, 
Reed, 
H. Terry, 
Dixon, 
T. Pitkin, 
Treadwell, 
A. Church, 
Treat, 
Buell, 
Grannis, 
Mitchell, 
Lusk, 
N. Smith, 



Fowler, 

Rose, 

Hull, 

Riggs, 

Farnham, 

Todd, 

Clark, 

Benedict, 

Bull, 

Gunn, 

D. Pierpont, 

D. Tomlinson, 

Osborn, 

Andrews, 

Miles, 

Adams, 

Thomas, 



Tolls, 

Ives, 

A. Lamed, 

Deming, 

Isham, 

Abel. 

G. Tomlinson, 

Starr, 

Cook. 

Botsford. 

Fairman, 

Whiting. 

L. Sanford, 

J. King. 

Edwards, 

Bennett. 

Sturges, 



44 



PROCEEDINGS OF THE 



R. W. Williams, 


Burnham. 


Bushnell, 


Payne, 


Hale, 


Tallmadge, 


Frost, 


North, 


Baldwin, 


Fuller, 


Brace, 


Piatt, 


Griffin, 


Hopkins, 


Miller, 


Matthewson, 


St. John, 


Brainerd. 


Ingalls, 


Austin, 


Huntington, 


G. Larned, 


Marsh, 


Hungerford, 


Nichols, 


Merwin, 


Elliott, 


McClellan, 


A. Pettibone, 


Lane, 


Childs, 


J. Battell, 


Nott, 


O. Wolcott, 


Butler, 


Sill, 


Hayden, 


S. Church, 


Alvord, 


Mills, 


Swan, 


Edgerton, 


Lambert, 


Everett, 


Willev. 


Burrall, 


A. Hinsdale, 


B. Phelps, 


Douglas, 


W. Battell, 


Pease, 


Swift, 


H. Marshall, 


Talcott. 

105 nays. 



On motion of Mr. Burrows, to erase the 10th line, contain- 
ing these words, " Two thirds of the members of each House" 
it was determined in the negative. 

The question was then taken on the whole section, which 
was approved as reported, by yeas and nays. — 117 yeas, — JJ 
nays. 

Those zvho voted in the affirmative were: 



Messrs. N. Terry, 


Fowler, 


Tolls. 


Hooker, 


Rose, 


Ives, 


B. Hart, 


Hull, 


A. Larned. 


Everest, 


C. Shelton, 


Deming. 


S. Pitkin, 


Riggs, 


Isham, 


Jenks, 


Farnham, 


Abel, 


Reed, 


Todd, 


Hill, 


H. Terry, 


R. Pierpont, 


G. Tomlinson, 


Dixon, 


Benedict, 


Starr, 


T. Pitkin, 


Bull, 


W. Shelton, 


Tread well, 


Gunn, 


Fairman. 


A. Church, 


D. Pierpont, 


M. Gregory, 


Treat, 


D. Tomlinson, 


Whiting, 


Buell, 


Osborn, 


L. Sanford. 


Whittlesey, 


Andrews, 


J. King. 


Grannis, 


Marks, 


Ed-v.irds, 


Mitchell, 


Miles, 


Bennett, 


Lusk, 


Adams, 


Sturscs. 


N. Smith, 


Thomas, 


R. W. Williams, 



CONSTITUTIONAL CONVENTION 



45 



Payne, 


North, 


Baldwin, 




Frost, 


Brace, 


Piatt, 




Fuller, 


Hopkins, 


Miller, 




Griffin, 


St. John, 


Brainerd, 




Matthewson, 


Austin, 


Huntington, 




Ingalls, 


Marsh, 


Sage, 




G. Larned, 


A. Pettibone, 


Hungerford, 




Nichols, 


J. Battell, 


Elliott, 




McClellan, 


Butler, 


Lane, 




Childs, 


D. Johnson, 


Nott, 




O. Wolcott, 


S. Church, 


Sill, 




Hayden, 


Swan, 


Alvord, 




Mills, 


Everett, 


Root, 




Lambert, 


A. Hinsdale, 


Edgerton, 




Douglas, 


Wm. Battell, 


Willey, 




Swift, 


H. Marshall, 


B. Phelps, 




Burnham, 


Bushnell, 


Pease, 




Hale, 


Tallmadge, 


Talcott. 








[The names count in 


•] 



Those zvho voted in the negative were: 



Messrs. Sylv'r Wells, 
S. Hart, 
Norton, 
R. Pitkin, 
Sam'l Wells, 
Hubbard, 
Wilcox, 
Barker, 

J. Pettibone, jun., 
Jones, 

E. Marshall, 
J. Phelps, 
Clark, 
Manwaring, 
Lanman, 
Fox, 
J. Hyde, 
Daboll, 
W. Williams, 
Braman, 
M. Warren, 
Brockway, 
Comstock, 
C. Smith, 
W. Randall, jun., 
Palmer, 



Kimball, 

W. Randall, 

Gallup, 

Avery, 

Lacey, 

C. Sanford, 

Lockwood, 

T. S. Wells, 

Seeley, 

Barnum, 

Botsford, 

Eversley, 

Gilbert, 

Stevens, 

Weed, 

Fairchild, 

Graves, 

Burton, 

A. Gregory, 

Webb, 

Waldo, 

L. Warren, 

Hutchins, 

Tilden, 

Babcock, 

Freeman, 



Gurley, 
Woodward, 
Dunlap, 
Hall, 
Keigwin, 
Welch, 
Pinney, 
A. Phelps, 
Merwin, 
J. Williams, 
Trowbridge, 
Perry, 
A. Wolcott, 
Stow, 
Hurd, 
Lyman, 
Guernsey, 
Chapman, 
Young. 
Burrows, 
Peters. 
N. Johnson, 
Crawford, 
Paul, 
Sibley, 
Brigham. 
[The names count 78.] 



4 £ PROCEEDINGS OF THE 

The Sixth Article was read, relating- to the Qualifications of 
Electors. 

The 1st section was, on motion of Mr. Treadwell, amended 
by erasing the words " and remain" in the last line. 

The 2d section was amended, on motion of Mr. N. Terry, 
by inserting the words " gained a settlement in this State" 
after the word " have" in the 2d line ; and was further 
amended by inserting the words " in this State," next after 
" dollars," in the 8th line. 

On motion of Mr. Treadwell., to strike out the clause begin- 
ning at the 8th and ending in the 14th line, relating to mil- 
itary duty as a qualification of an elector, it was determined 
by yeas and nays in the negative. Yeas, 67. Nays, 113. 



Those zvho voted in the affirmative were: 



Messrs. N. Terry, 
Hooker, 
B. Hart, 
Everest, 
S. Pitkin, 
Jenks, 
Reed, 
H. Terry, 
Dixon, 
T. Pitkin, 
Treadwell, 
A. Church, 
Treat, 
Buell, 
Whittlesey, 
Mitchell, 
Lusk, 
Fowler, 
Rose, 
Riggs, 
Benedict, 
Bull, 
Thomas, 



Tolls, 

Deming, 

Isham, 

Abel, 

Whiting, 

L. Sanford, 

R. W. Williams, 

Payne, 

Frost, 

Griffin, 

Matthewson, 

Ingalls, 

McClcllan, 

Childs, 

Haydcn, 

Swift, 

Hale, 

North, 

Brace, 

Hopkins, 

Marsh. 

A. Pcttibone, 

J. Battcll, 



Butler, 

Swan, 

Everett, 

A. Hinsdale, 
W. Battell, 
Tallmadge. 
Baldwin. 
Miller. 
Brain erd. 
Huntington. 
Hungerford. 
Elliott, 
Lane, 
Nott, 

Sill, 

Alvord, 
Root, 
Edgerton. 

B. Phelps, 
Pease, 
Talcott.— 67 yeas. 



Those who voted in the negative zverc: 



Messrs. Sylv'r Wells, 
Sam'l Hart, 
Norton, 
R. Pitkin, 



Sam'l Wells, 
Hubbard, 
Wilcox, 
Barker, 



E. Phelps. 

J. Pcttibone, 

Jones, 

E. Marshall, 



CONSTITUTIONAL CONVENTION. 



47 



Josiah Phelps, 


Lacey, 


O. Wolcott, 


N. Smith, 


C. Sanford, 


Welch, 


Hull, 


Lockwood, 


Burrall, 


C. Shelton, 


T. S. Wells, 


Douglass, 


R. Pierpont, 


W. Shelton, 


A. Phelps, 


Clark, 


Seeley, 


Burnham, 


Gunn, 


Barnum, 


St. John, 


D. Pierpont, 


Botsford, 


Austin, 


D. Tomlinson, 


Fairman, 


Merwin, 


Marks, 


N. Gregory, 


J. Williams, 


Miles, 


Eversley, 


Trowbridge, 


Adams, 


J. King, 


D. Johnson, 


Manwaring, 


Gilbert, 


S. Church, 


A. Larned, 


Stevens, 


H. Marshall, 


Lanman, 


Weed, 


Bushnell, 


Fox, 


Edwards, 


Piatt, 


J. Hyde, 


Fairchild, 


Perry, 


Daboll, 


Graves, 


Stow, 


Wm. Williams, 


A. Gregory, 


Sage, 


Braman, 


Sturges, 


Hurd, 


W. Warren, 


Webb, 


Lyman, 


Brockway, 


Waldo, 


Guernsey, 


Comstock, 


L. Warren, 


Chapman, 


C. Smith, 


Hutchins, 


Young, 


W. Randall, jun., 


Tilden, 


Willey, 


Palmer, 


Babcock, 


Burrows, 


Kimball, 


Freeman, 


Peters, 


W. Randall, 


Gurley, 


E. Hyde, 


Gallup, 


Woodward, 


N. Johnson, 


Avery, 


Dunlap, 


Crawford, 


Hill, 


Hall, 


Paul, 


G. Tomlinson, 


G. Larned, 


Sibley, 


Starr, 


Nichols, 


Brigham. 


Cook, 


Keigwin, 


113 nays 



The 3d Section was read and approved. 

The 4th Section was read and amended, by adding to it 
these words : " or other offence for which an infamous punish- 
ment is inflicted." 



The 5th Section was read and approved. 

On motion of Mr. H. Terry, to amend the 6th section by 
inserting after the word " The" in the 1st line these words: 
"civil authority and" it was determined in the negative by 
yeas and nays. 82 yeas; 91 nays. 



4 8 



PROCEEDINGS OF THE 



Those who voted in the affirmative were. 



Messrs. N. Terry, 


Whiting, 


J. Battell, 


Norton, 


L. Sam'ord, 


Butler, 


Everest, 


Burton, 


Trowbridge, 


S. Pitkin, 


Payne, 


D. Johnson, 


Jenks, 


Frost, 


S. Church, 


Reed, 


Griffin, 


Swan, 


H. Terry, 


Hutchins, 


Everett, 


Dixon, 


Matthewson, 


Hinsdale, 


T. Pitkin, 


Ingalls, 


W. Battell, 


Barker, 


G. Larned, 


Bushnell, 


A. Church, 


Nichols, 


Tallmadge, 


Treat, 


McClellan, 


Baldwin, 


Whittlesey, 


Childs, . 


Piatt, 


Fowler, 


Hay den, 


Miller, 


Rose, 


Mills, 


Brainerd, 


Riggs, 


Lambert, 


Huntington, 


Farnham, 


Burrall, 


Hungerford, 


R. Pierpont, 


Douglas, 


Elliott, 


Benedict, 


Swift, 


Lane, 


Bull, 


Burnham, 


Nott, 


Gunn, 


Hale, 


Sill, 


Osborn, 


North, 


Young, 


Thomas, 


Brace, 


Alvord, 


Tolls, 


Hopkins, 


Root, 


A. Larned, 


St. John, 


Edgerton, 


Deming, 


Austin, 


Peters, 


Isham, 


Marsh, 


82 yeas, 


Abel, 


A. Pettibone, 





Those who voted in the negative zvcre. 



Messrs. Sylvester Wells, 
S. Hart, 
R. Pitkin, 
Treadwell, 
Hubbard, 
Wilcox, 
Buell, 
E. Phelps, 
J. Pettibone, 
Grannis, 
E. Marshall, 
J. Phelps, 
Hull, 

C. Shelton, 
Grifhng, 
Clark, 

D. Pierpont, 



D. Tomlinson, 

Andrews, 

Marks, 

Miles, 

Adams, 

Ives, 

Manwaring, 

Lanman, 

Fox, 

J. Hyde, 

Daboll, 

W. Williams, 

Braman, 

M. Warren, 

Brockway, 

C. Smith, 

W. Randall, jun. 



Palmer, 

Kimball, 

W. Randall, 

Gallup, 

Avery, 

Hill, 

G. Tomlinson, 

C. Sanford, 

Lockwood. 

T. S. Wells, 

W. Shelton, 

Seeley, 

Barnum, 

Botsford, 

Fairman, 

Gilbert, 

Stevens, 



CONSTITUTIONAL CONVENTION. 



Weed, 


Dunlap, 


Hurd, 


Edwards, 


Hall, 


Lyman, 


Fairchild,- 


Keigwin, 


Guernsey, 


A. Gregory, 


O. Wolcott, 


Chapman, 


Sturges, 


Welch, 


Willey, 


Webb, 


A. Phelps, 


Burrows, 


Waldo, 


Merwin, 


Pease, 


L. Warren, 


J. Williams, 


E. Hyde, 


Tilden, 


Perry, 


N. Johnson 


Babeock, 


Bacon, 


Crawford, 


Freeman, 


A. Wolcott, 


Paul, 


Gurley, 


Stow, 


Sibley, 


Woodward, 


Sage, 


Brigham. 



49 



[90.] 



On motion of Mr. Nott, the words " Town Clerk " were 
added next after " selectmen." The section was then approv- 
ed as amended, by 103 yeas to 72 nays. 

The 7th Section was amended, on motion of Mr. Treadwell, 
by striking out the words " elections and other," in the 4th 
line, and approved as amended. 

On motion of Mr. Pitkin, the 8th section was amended by 
striking out " or members of Congress" and was then ap- 
proved. 

The 9th section was amended, on motion of Mr. A. Wol- 
cott, by erasing the exception and inserting in lieu thereof 
these words : " on any civil process," and was then approved. 

The 10th Section was read and approved, after striking 
out " freemen's" and inserting "of the electors," after " meet- 
ings." 

Then the Convention adjourned until to-morrow morning 
at 8 o'clock. 



Friday, September nth. 

The Journal of yesterday's proceedings was read. 

The Convention took into consideration the Seventh Arti- 
cle, relating to Religion. 

The 1st section was read, and, on motion of Mr. G. Tom- 
linson, to erase the words " right and," and insert next after 
" universe" these words : " and their right to render that wor- 
ship," it was determined in the affirmative. 



C PROCEEDIN GS OF THE 

On motion of Mr. Lanman, the same section was further 
amended by transposing the words " by law" from the end of 
the 6th line to the end of the 5th line, and inserting " But " 
instead of " And/' at the beginning of the 9th line. 

The question was then taken on the section, as amended, 
and approved by 103 yeas to 86 nays. 



Those who voted in the affirmative were, 



Messrs. Sylvester Wells, 
S. Hart, 
R. Pitkin, 
Sam'l Wells, 
Hubbard, 
Wilcox, 
Barker, 
E. Phelps, 
J. Pettibone, 
Jones, 
E. Marshall, 
J. Phelps, 
Hull, 

C. Shelton, 
Clark, 

D. Tomlinson, 
Andrews, 
Marks, 
Miles, 
Adams, 

Ives, 

Manwaring, 

A. Larned, 

Turner, 

Lanman, 

Fox, " 

J. Hyde, 

Daboll. 

W. Williams, 

Braman, 

M. Warren, 

Brockway, 

Comstock, 

C. Smith, 

W. Randall, jun., 



Palmer, 

Kimball, 

W. Randall, 

Gallup, 

Avery, 

Hill, 

G. Tomlinson, 

Starr, 

Cook, 

Lacey, 

C. Sanford, 

Lockwood, 

T. S. Wells, 

W. Shelton, 

Seeley, 

Barnum, 

Botsford, 

Fairman. 

M. Gregory, 

Eversley, 

J- King, 

Gilbert, 

Stevens, 

Weed, 

Edwards. 

Fairchild, 

A. Gregory, 

Sturges, 

Webb, 

Waldo. 

R. W. Williams, 

L. Warren; 

Hutchins, 

Tilden, 

Babcock, 



Freeman, 

Gurley, 

Woodward, 

Dunlap, 

Hall, 

Keigwin, 

O. Wolcott, 

Welch, 

Burrall, 

Douglas, 

Pinney, 

A. Phelps, . 

St. John, 

Merwin, 

D. Johnson, 
S. Church. 
Perry, 

A. Wolcott, 

Stow, 

Sage, 

Hurd, 

Lyman, 

Guernsey, 

Chapman, 

Young, 

Burrows, 

Peters, 

E. Hyde, 
N. Johnson, 
Crawford, 
Paul, 
Sibley. 
Brigham. 



103 



Those who voted in the negative were: 
Messrs. Norton, Hooker, 



B. Hart, 



CONSTITUTIONAL CONVENTION. 



51 



Everest, 


Tolls, 


J. Battell, 


S. Pitkin, 


Deming, 


Butler, 


Jenks, 


Isham, 


Trowbridge, 


Reed, 


Abel, 


Swan, 


H. Terry, 


Whiting, 


Everett, 


Dixon, 


L. Sanford, 


Hinsdale, 


T. Pitkin, 


Burton, 


W. Battell, 


Treadwell, 


Bennett, 


H. Marshall, 


A. Church, 


Payne, 


Bushnell, 


Treat, 


Frost, 


Tallmadge, 


Buell, 


Griffin, 


Baldwin, 


Whittlesey, 


Matthewson, 


Piatt, 


Grannis, 


Ingalls, 


Miller, 


Mitchell, 


G. Larned, 


Brainerd, 


Lusk, 


Nichols, 


Huntington, 


N. Smith, 


McClellan, 


Hungerford, 


Fowler, 


Childs, 


Elliot, 


Rose, 


Hayden, 


Lane, 


Riggs, 


Mills, 


Nott, 


Farnham, * 


Lambert, 


Sill, 


Todd, 


Swift, 


Alvord, 


R. Pierpont, 


Burnham, 


Root, 


Benedict, 


Hale, 


Edgerton, 


Bull, 


Brace, 


Willev. 


Gunn, 


Hopkins, 


B. Phelps, 


D. Pierpont, 


Austin, 


Pease, 


Osborn, 


Marsh, 


Talcott. — 86 


Thomas, 


A. Pettibone, 





The 2d section of the Seventh Article was read, and on 
motion of Mr. T. Pitkin, to strike out the whole section, it 
was determined in the negative. Yeas, 84; nays, 105. 



Those who voted in 


the affirmative were: 




Messrs. N. Terry, 


Whittlesey, 


Thomas, 


Hooker, 


Grannis, 


Tolls, 


Everest, 


Mitchell, 


Deming, 


S. Pitkin, 


Lusk, 


Isham, 


Jenks, 


Fowler, 


Abel. 


Reed, 


Rose, 


Whiting, 


H. Terry, 


Riggs, 


L. Sanford, 


Dixon, 


Farnham, 


Burton, 


T. Pitkin, 


Todd, 


Bennett, 


Treadwell, 


R. Pierpont, 


Payne, 


Saml. Wells, 


Benedict, 


Frost, 


A. Church, 


Bull, 


Fuller, 


Treat, 


Gunn, 


Grifnn, 


Buell, 


Osborn, 


Matthewson 



52 



PROCEEDINGS OF THE 



Ingalls, 


A. Pettibone, 


Brainerd, 


McClellan, 


J. Battell, 


Huntington, 


Childs, 


Butler, 


Hungerford, 


Hayden, 


Trowbridge, 


Elliott, 


Mills, 


Swan, 


Lane, 


Lambert, 


Everett, 


Nott, 


Swift, 


Hinsdale, 


Sill, 


Burnham, 


W. Battell, 


Alvord, 


Hale, 


H. Marshall, 


Root, 


North, 


Bushnell, 


Edgerton, 


Brace, 


Tallmadge, 


Willev, 


Hopkins, 


Baldwin, 


B. Phelps, 


Austin, 


Piatt, 


Pease, 


Marsh, 


Miller, 


Talcott— S± 



Those who voted in the negative were: 



Messrs. Sylv'r Wells, 
S. Hart, 
Norton, 
R. Pitkin, 
Hubbard, 
Wilcox, 
Barker, 
E. Phelps, 
J. Pettibone, 
Jones, 

E. Marshall, 
J. Phelps, 

Hull, 

C. Shelton, 

Clark, 

Andrews, 

Marks, 

Miles, 

Adams, 

Ives, 

Manwaring, 

A. Larned, 

Turner, 

Lanman, 

Fox, 

J. Hyde, 

Daboll, 

W. Williams, 

Braman, 

M. Warren, 

Brockway, 

Comstock, 

C. Smith, 



W. Randall, jun., 

Palmer, . 

Kimball, 

W. Randall, 

Gallup, 

Avery, 

Hill, 

G. Tomlinson, 

Starr, 

Cook, 

Lacey, 

C. Sanford, 

Lock wood, 

T. S. Wells, 

W. Shelton, 

Seeley, 

Barnum, 

Botsford, 

Fairmnn, 

M. Gregory, 

Eversley, 

J. King, 

Gilbert, 

Stevens, 

Weed, 

Edwards, 

Fairchild, 

Graves, 

A. Gregory, 

Sturges, 

Webb, 

Waldo, 

R. W. Williams, 



L. Warren, 

Hutchins, 

Tilden, 

Babcock, 

Freeman, 

Gurley, 

Woodward, 

Dunlap, 

Hall, 

G. Larned, 

Keigwin, 

O. Wolcott, 

Welch, 

Burrall, 

Douglas, 

Pinney, 

A. Phelps, 

St. John, 

Merwin, 

D. Johnson, 

S. Church, 

Perry, 

Bacon, 

A. Wolcott, 

Stow, 

Sage, 

Hurd, 

Lyman, 

Guernsey, 

Chapman, 

Young, 

Burrows, 

Peters, 



CONSTITUTIONAL CONVENTION. 



53 



E. Hyde, 
N. Johnson, 



Crawford, 
Paul, 



Sibley, 
Brigham. — 105. 



The question was then taken on the section as reported, 
and [it] was approved by 97 yeas to 69 nays. 



Those who voted in the affirmative were: 



Messrs. Sylv'r Wells, 


W. Randall, jun., 


Freeman, 


S. Hart, 


Palmer, 


Gurley, 


Norton, 


Kimball, 


Woodward, 


Everest, 


W. Randall, 


Hall, 


H. Terry, 


Gallup, 


Keigwin, 


Treadwell, 


Avery, 


O. Wolcott, 


Sam'l Wells, 


Hill, 


Welch, 


Hubbard, 


G. Tomlinson, 


Burrall, 


Wilcox, 


Starr, 


Douglas, 


Buell, 


Cook, 


A. Phelps, 


E. Phelps, 


Lacey, 


Merwin, 


Grannis, 


C. Sanford, 


D. Johnson, 


Lusk, 


Lockwood, 


S. Church, 


E. Marshall, 


T. S. Wells, 


Perry, 


Hull, 


W. Shelton, 


Bacon, 


C. Shelton, 


Seeley, 


A. Wolcott, 


Clark, 


Barnum, 


Stow, 


Andrews, 


Botsford, 


Sage, 


Marks, 


Fairman, 


Hurd, 


Miles, 


Whiting, 


Lyman, 


Adams, 


Gilbert, 


Guernsey. 


Ives, 


Stevens, 


Chapman, 


Manwaring, 


Weed, 


Young, 


A. Larned, 


Edwards, 


Burrows, 


Lanman, 


Fairchild, 


Peters, 


Fox, 


Graves, 


E. Hyde, 


J. Hyde, 


Sturges, 


N. Johnson, 


Daboll, 


Webb, 


Crawford, 


W. Williams, 


Waldo, 


Paul, 


Braman, 


R. W. Williams, 


Sibley, 


M. Warren, 


L. Warren, 


Brigham. — 97. 


Brockway, 


Hutchins, 




C. Smith, 


Tilden, 




Those who voted in the negative were: 




Messrs. N. Terry, 


Reed, 


J. Pettibone, 


B. Hart, 


Dixon, 


Whittlesey. 


R. Pitkin, 


T. Pitkin, 


Morse, 


S. Pitkin, 


Barker, 


Fowler, 


Jenks, 


A. Church, 


Rose, 



54 



PROCEEDINGS OF THE 



Riggs, 


G. Larned, 


Bushncll, 


Farnham, 


McClellan, 


Baldwin, 


R. Pierpont, 


Childs, 


Miller, 


Benedict, 


Hayden, 


Brainerd, 


Gunn, 


Lambert, 


Huntington, 


D. Pierpont, 


Swift, 


Hungerford, 


Osborn, 


Burnham, 


Elliott, 


Thomas, 


Hale, 


Lane, 


Tolls, 


North, 


Nott, 


Isham, 


Brace, 


Sill, 


Abel, 


Hopkins, 


Alvord, 


M. Gregory, 


Austin, 


Root, 


Eversley, 


Marsh, 


Edgerton, 


Burton, 


A. Pettibone, 


Willey, 


Bennett, 


J. Battell, 


B. Phelps, 


Payne, 


Butler, 


Pease, 


Frost, 


Trowbridge, 


Talcott. 


Griffin, 


Swan, 


[The names count 72.] 


Matthewson, 


Everett, 




Ingalls, 


Hinsdale, 





The Convention then proceeded to consider the Eighth 
Article, concerning Education. 

The 1st section was read and approved. 

The 2d section was read and amended, by inserting after 
the word " remain," in the 2d line, these words : " a per- 
petual fund, the interest of which shall be." It was then ap- 
proved as amended. 

The Ninth Article, Of Impeachments, was read and ap- 
proved. 

The Tenth Article, containing General Provisions, was con- 
sidered, and the 1st section was amended, on motion of Mr. 
G. Tomlinson, by inserting the word " You," instead of the 
words " / do" at the beginning, and altering other parts of 
the section, in conformity to that amendment. 

The 2d section was read and approved. 

The 3d section was amended, on motion of Mr. Fairchild, 
by inserting next after the word " adopted," in the 3d line, 
these words : " with the exception of such regulations and re- 
strictions as arc contained in this Constitution; " and was fur- 
ther amended, on motion of Mr. Lanman, by varying the last 
sentence in the section so as to stand thus : " The validity of 
all bonds, debts, contracts, as rcr// of individuals as of bodies 



CONSTITUTIONAL CONVENTION. -. 

corporate or the State, of all suits, actions or rights of action, 
both in law or equity, shall continue as if no change had taken 
place" and was approved as amended. 

The 4th section was read and amended by inserting-, at the 
beginning of the 1st line, these words: " No judge of the 
superior court, or of the supreme court of errors." 

On motion of Mr. McClellan, further to amend the section, 
by adding at the end of it these words : " And no person 
holding any office under the authority of the United States shall 
be a judge of the supreme, superior, or county courts," it was 
determined in the negative. 

The 5th and 6th sections were read, and stricken out, on 
motion. 

The Convention then proceeded to the consideration of the 
Eleventh Article, Of Amendments to the Constitution, and, on 
motion of Mr. M. Warren, to strike out the words " two- 
thirds" in the 9th line of the 1st section, and to insert in lieu 
thereof the words " a majority" and to insert after the words 
" each House," in the same line, the words " counting on the 
roll of the House," — it was determined in the negative. 

On motion of Mr. Treadwell, to strike out the words " a 
majority," in the 19th and 20th lines, and insert the words 
" tzvo-thirds " in lieu thereof, — it was determircd in the 
negative. 

The Eleventh Article was then approved as reported. 

Messrs. Lanman, H. Terry, and Fairchild were appointed a 
committee for engrossing. 

Messrs. Stevens, M. Warren, and McClellan were appointed 
a committee for making up the debenture. 

On motion of Mr. H. Terry, to strike out the 2d section 
of the Second Article, relating to the Distribution of Powers, 
it was determined in the affirmative. 

On motion of Mr. Lanman, the 5th section of the Bill of 
Rights, as reported, was stricken out. 

And the Convention adjourned until to-morrow morning, 
at 8 o'clock. 



56 



PROCEEDINGS OF THE 



Saturday, September 12th. 

The Journal of yesterday's proceedings was read. 

On motion of Mr. Stevens, the committee appointed to 
make up the debenture were directed to make up the same 
according to the rule of the House of Representatives. 

On motion of Mr. Treadwell, to add a new section to the 
Third Article, to provide for a nomination of twenty persons 
to be made out by the electors the year preceding the choice 
of senators, and for choosing the senators from such nomina- 
tion, — instead of the 5th and 6th sections of the Third Article, 
and the 2d and 3d section of the Fourth Article, and to strike 
out the said 5th and 6th sections, and the said 2d and 3d sec- 
tions, and to provide for the choice of other officers in a man- 
ner similar to that pointed out in said sections, — it was deter- 
mined in the negative by yeas and nays, as follows : 
For the motion: 



Messrs. N. Terry, 
Hooker, 
B. Hart, 
Everest, 
S. Pitkin, 
Jenks, 
Reed, 
H. Terry, 
T. Pitkin, 
Treadwell, 
A. Church, 
Treat, 
Buell, 
Whittlesey, 
Grannis, 
Mitchell, 
Lusk, 
Fowler, 
Rose, 
Riggs, 
Farnham, 
Todd, 
Benedict, 
Bull, 
Gunn, 
Thomas, 

Against the motion: 
Messrs.' Sylv'r Wells, 
S. Hart, 



Tolls, 

Deming, 

Isham, 

Abel, 

Whiting, 

L. Sanford, 

Burton, 

Bennett, 

R. W. Williams, 

Payne, 

Frost, 

Fuller, 

Griffing, 

Ingalls, 

Nichols, 

Childs, 

Hayden, 

Mills, 

Lambert, 

Hale. 

North, 

Brace, 

Hopkins, 

Austin, 

Marsh, 

A. Pettibone, 

Norton, 
R. Pitkin, 



J. Battel!, 

Church, 

Swann, 

Everett, 

Hinsdale, 

W. Battell, 

Tallmadge, 

Baldwin, 

Piatt, 

Miller, 

Brainerd, 

Huntington, 

Hungerford, 

Elliott, 

Lane, 

Nott, 

Sill, 

Alvord, 

Root, 

Edgerton, 

Willey, 

B. Phelps, 

Pease, 

Talcott — 76 yeas. 



Dixon, 
Sam'l Wells. 



CONSTITUTIONAL CONVENTION. 



57 



Hubbard, 


Gallup, 


Hall, 


Wilcox, 


Avery, 


G. Larned, 


Barker, 


Hill, 


Keigwin, 


E. Phelps, 


G. Tomlinson, 


Welch, 


J. Pettibone, 


Starr, 


Burrall, 


Jones, 


Cook, 


Douglas, 


E. Marshall, 


Lacey, 


Pinney, 


J. Phelps, 


C. Sanford, 


A. Phelps, 


N. Smith, 


Lockwood, 


Burnham, 


Hull, 


T. S. Wells, 


St. John, 


C. Shelton, 


W. Shelton, 


Merwin, 


R. Pierpont, 


Seeley, 


Butler, 


Clark, 


Barnum, 


Trowbridge, 


D. Pierpont, 


Botsford, 


D. Johnson, 


D. Tomlinson, 


Fairman, 


Marshall, 


Osborn, 


Gregory, 


Bushnell, 


Marks, 


Eversley, 


Perry, 


Miles, 


King, 


Bacon, 


Ives, 


Gilbert, 


A. Wolcott, 


Adams, 


Graves, 


Stow, 


Manwaring, 


Weed, 


Sage, 


Larned, 


Edwards, 


Hurd, 


Turner, 


Fairchild, 


Lyman, 


Lanman, 


A. Gregory, 


Guernsey, 


Fox, 


Sturges, 


Chapman, 


J. Hyde, 


Webb, 


Young, 


Daboll, 


Waldo, 


Burrows, 


Wm. Williams, 


L. Warren, 


Peters, 


Braman, 


Hutchins, 


E. Hyde, 


Brockway, 


Tilden, 


N. Johnson, 


Comstock, 


Babcock, 


Crawford, 


C. Smith, 


Freeman, 


Paul, 


Wm. Randall, jun., 


Gurley, 


Sibley, 


Palmer, 


Woodward, 


Brigham. 


Kimball, 


Dunlap, 


Nays, 112. 


Wm. Randall, 


Matthewson, 





On motion of Mr. A. Wolcott, to amend the 4th section 
of the Third Article, by adding next after "electors,'' in the 
2d line, the words " by districts/' — it was determined in the 
negative by yeas and nays, as follows: — 



For the motion, 

Messrs. Sylv. Wells, 
Saml. Hart, 
Norton, 
R. Pitkin, 



Saml. Wells, 

Hubbard, 

Barker, 

J. Pettibone, jr. 



Jones. 

E. Marshall. 

D. Tomlinson, 

Manwaring, 



58 



PROCEEDINGS OF THE 



Turner, 


Seeley, 


Bacon, 


Fox, 


Fairman, 


Wolcott, 


Daboll, 


Moses Gregory, 


Stow, 


W. Williams, 


Eversley, 


Sage, 


Warren, 


Stevens, 


Hurd, 


Brockway, 


Weed, 


Lyman, 


W. Randall, jr., 


Edwards, 


Guernsey, 


Comstock, 


Fairchild, 


Chapman, 


W. Randall, 


W'ebb, 


Young, 


Gallup, 


Waldo, 


Burrows, 


Avery, 


Tilden, 


Peters, 


Hill, 


Babcock, 


N. Johnson, 


G. Tomlinson, 


Keigwin, 


Crawford, 


Starr, 


Freeman, 


Paul, 


Cook, 


Gurley, 


Sibley, 


C. Sanford, 


Welch, 


Brigham. 


Lockwood, 


Douglas, 


Yeas, 66. 


T. S. Wells, 


Pinney, 




Shelton, 


A. Phelps, 





Against the motion 



essrs. N. Terry, 


R. Pierpont, 


A. Gregory, 


Hooker, 


Clark, 


Bennett, 


B. Hart, 


Benedict, 


R. W. Williams, 


Everest, 


Bull, 


Payne, 


S. Pitkin, 


Gunn, 


Frost, 


jenks, 


D. Pierpont, 


Fuller, 


Reed, * 


Osborn, 


E. Griffin, 


H. Terry, 


Miles, 


L. Warren, 


T. Pitkin, 


Adams, 


Hutchins, 


Treadwell, 


Thomas, 


Woodward, 


Wilcox, 


Tolls, 


Dunlap, 


A. Church, 


Ives, 


Matthewson, 


Treat, 


Larncd, 


Ingails, 


Buell, 


Turner, 


G. Larned, 


E. Phelps, 


Lanman, 


Nich jls. 


Whittlesey, 


Fox, 


McClellan, 


Grannis, 


Deming, 


Childs, 


Mitchell, 


I sham. 


O. Wolcott, 


Lusk, 


J. Hyde, 


Havden, 


N. Smith, 


Abel, 


Mil'cs, 


Hull, 


Palmer, 


Lambert, 


C. Shelton, 


Lacey, 


Burrall, 


Fowler, 


Botsford, 


Swift, 


Rose, 


Whiting, 


Burnham, 


Riggs, 


L. Sanford, 


Hale, 


Farnham, 


King, 


North, 


G rifting, 


Gilbert, 


Brace, 


Todd, 


Burton, 


Hopkins, 



CONSTITUTIONAL CONVENTION. 



59 



St. John, 


W. Battell, 


Nott, 


Austin, 


Tallmadge, 


Sill, 


Marsh, 


Bushnell, 


Alvord, 


A. Pettibone, 


Baldwin, 


Root, 


J. Battell, 


Piatt, 


Edgerton, 


Butler, 


Miller, 


A. Phelps, 


Trowbridge, 


Brainerd, 


Pease, 


S. Church, 


Huntington, 


E. Hyde, 


Swan, 


Hungerford, 


Talcott. 


Everett, 


Elliott, 


Nays, 115 


Hinsdale, 


Lane, 





And the Convention adjourned until next Monday after- 
noon, at 2 o'clock. 



Monday, September 14th. 

The Journal of Saturday's proceedings was read. 

The printed copies (one of which is hereto annexed*) of 
the Constitution, as amended on its first passage, were dis- 
tributed among the members of the Convention. 

On motion of Mr. Fairchild, to amend the 3d section of the 
Sixth Article, by adding after the word " elector." at the end, 
these words : " Nor shall any person be entitled to vote in town 
meetings in consequence of his being an elector," — it was deter- 
mined in the affirmative. 

On motion of Mr. Whiting, to amend said section, by 
striking out the word " residence" and to insert in lieu of it 
the word " settlement" — it was determined in the affirmative. 

The question was then taken on approving the section as 
amended, and was determined in the negative. This section 
was lost. 

On motion of Mr. Edwards, to amend the 3d section of 
the Fifth Article, by inserting after the word "Assembly" in 
the 4th line, these words : " in such manner as shall by lazv 
be prescribed" — it was determined in the affirmative. 

On motion of Mr. A. Wolcott, further to amend said 3d 
section, by striking out these words : " good behavior*' and 



• It is not now found attached to the Journal. 



6o 



PROCEEDINGS OF THE 



inserting "three years" — it was determined in the negative, 
by yeas and nays, as follows : — 



For the motion: 






Messrs. Sylv'r Wells, 


W. Randall, jun., 


Keigwin, 


S. Hart, 


Randall, 


Pinney, 


Norton, 


Avery, 


A. Phelps, 


R. Pitkin, 


Cook, 


Trowbridge, 


Wilcox, 


C. Sanford, 


Tallmadge, 


Barker, 


Lockwood, 


Bushnell. 


J. Pettibone, 


T. S. Wells, 


Perry, 


Jones, 


Seeley, 


Bacon, 


E. Marshall, 


Barnum, 


A. Wolcott. 


J. Phelps, 


Botsford, 


Stow, 


Hull, 


Eversley, 


Sage, 


Clark, 


Gilbert, 


Hurd, 


Man waring, 


Graves, 


Lyman, 


Turner, 


Stevens, 


Guernsey, 


Lanman, 


Weed, 


Chapman. 


Fox, 


Fairchild, 


Young, 


J. Hyde, 


Burton, 


Edgerton, 


Daboll, 


A. Gregory, 


D. Burrows, 


Wm. Williams, 


Webb, 


Peters, 


M. Warren, 


Waldo, 


E. Hyde, 


Brockway, 


Hutchins, 


N. Johnson, 


Comstock, 


Tilden, 


Pease, 


C. Smith, 


Babcock, 


Sibley, 


Palmer, 


Freeman, 


Brigham. 


Kimball, 


Gurley, 


74 yeas, 


Against the motion: 






Messrs. N. Terry, 


Bristol, 


Adams, 


Hooker, 


N. Smith, 


Thomas, 


B. Hart, 


C. Shelton, 


Tolls, 


Everest, 


Fowler, 


Ives, 


Saml. Pitkin, 


Rose, 


Larned, 


Jenks, 


Riggs, 


Deming. 


Reed, 


Farnham, 


Isham, 


Dixon, 


Todd, 


Abel, 


T. Pitkin, 


R. Pierpont, 


Braman, 


Treadwell, 


Benedict, 


G. Tomlinson, 


A. Church, 


Bull, 


Starr, 


Treat, 


Gunn, 


Lacey, 


Buell, 


D. Pierpont, 


Wm. Shelton, 


Grannis, 


D. Tomlinson, 


Fairman, 


Morse, 


Osborn, 


Whiting, 


Mitchell, 


Marks, 


L. Sanford. 


Lusk, 


Miles, 


King, 



CONSTITUTIONAL CONVENTION 



61 



Edwards, 


Burnham, 


Baldwin, 


Sturges, 


Hall, 


•Piatt, 


R. W. Williams, 


North, 


Miller, 


Frost, 


Brace, 


Brainerd, 


Payne, 


St. John, 


Huntington, 


L. Warren, 


Austin, 


Hungerford, 


Woodward, 


Marsh, 


Elliott, 


Matthewson, 


Merwin, 


Lane, 


Ingalls, 


A. Pettibone, 


Nott, 


Nichols, 


J. Battell, 


Sill. 


Childs, 


Butler, 


Alvord, 


O. Wolcott, 


D. Johnson, 


Root, 


Hayden, 


S. Church, 


WiHey, 


Mills, 


Swan, 


B. Phelps, 


Lambert, 


Everett, 


Pease, 


Burrall, 


Hinsdale, 


Talcott, 


Douglas, 


W. Battell, 


103 nays 


Swift, 


H. Marshall, 





On motion of Mr. A. Wolcott, to strike out from said sec- 
tion the words " two-thirds of the members of each House," and 
to insert in place thereof the words " both Houses" — it was 
determined in the negative. 

The question was then on the section as amended, by yeas 
and nays, and the same was approved. 

In favor of the section: 



essrs. N. Terry, 


N. Smith, 


Turner, 


S. Hart, 


Hull, 


Deming, 


Hooker, 


Fowler, 


Isham, 


B. Hart, 


Rose, 


Abel, 


Everest, 


Riggs, 


C. Smith, 


S. Pitkin, 


Farnham, 


G. Tomlinson, 


Jenks, 


Todd, 


Starr, 


Reed, 


R. Pierpont, 


Cook, 


H. Terry, 


Benedict, 


Lacey, 


Dixon, 


Bull, 


Wm. Shelton, 


T. Pitkin, 


Gunn, 


Botsford, 


Treadwell, 


D. Pierpont, 


Fainnan, 


Sam'l Wells, 


D. Tomlinson, 


Whiting, 


A. Church, 


Osborn, 


L. Sanford, 


Treat, 


Marks, 


King, 


Buoll, 


Adams, 


Edwards, 


Grannis, 


Thomas, 


Sturges. 


Mitchell, 


Tolls, 


R. W. Williams, 


Lusk, 


Ives, 


Payne, 


Bristol, 


Lamed. 


Frost, 



62 



PROCEEDINGS OF THE 



L. Warren, 


Austin, 


Brainerd, 


Hutchins, 


Marsh, 


Huntington, 


Woodward, 


Merwin, 


Hungerford, 


Matthewson, 


A. Pettibone, 


Elliott, 


Ingalls, 


J. Battell, 


Lane, 


Nichols, 


Butler, 


North, 


Childs, 


Trowbridge, 


Sill, 


O. Wolcott, 


S. Church, 


Alvord, 


Hayden, 


D. Johnson, 


Root, 


Mills, 


Swan, 


Edgerton, 


Lambert, 


Everett, 


Willey, 


Burrall, 


Hinsdale, 


D. Burrows, 


Douglas, 


W. Battell, 


B. Phelps, 


Pinney, 


Tallmadge, 


Pease, 


Burnham, 


H. Marshall, 


Talcott, 


North, 


Bushnell, 


Miles. 


Hale, 


Baldwin, 


114 yeas, 


Brace, 


Piatt, 




St. John, 


Miller, 




Against the section: 






essrs. Sylv. Wells, 


Comstock, 


A. Phelps, 


Norton, 


Palmer, 


Perry, 


R. Pitkin, 


Kimball, 


Bacon, 


Barker, 


Wm. Randalf, jun., 


A. Wolcott. 


J. Pettibone, jun., 


Gallup, 


Stow, 


Jones, 


Avery, 


Sage, 


E. Marshall, 


C. Sanford, 


Hurd. 


J. Phelps, 


Lockwood, 


Lyman, 


Clark, 


T. S. Wells, 


Guernsey, 


Manwaring, 


Seeley, 


Chapman, 


Lanman, 


Stevens, 


Young, 


Fox, 


Weed, 


Peters. 


J. Hyde, 


Fairchild, 


E. Hyde, 


Daboll, 


A. Gregory, 


N. Johnson. 


W. Williams, 


Webb, 


Paul, 


Braman, 


Waldo, 


Sibley, 


M. Warren. 


Tilden, 


Brigham. 


Brockway, 


Babcock, 


53 nays. 



On motion of Mr. Swan, the 10th section of the Third Arti- 
cle was amended by striking out 'the words " except treason, 
felony and breach of the peace/' and inserting in place thereof 
the words " of civil process/' and the section as amended was 
approved. 

On motion of Mr. Edwards, to strike out of the 3d section 
of the Tenth Article these words : " All officers, cizil and mili- 



CONSTITUTIONAL CONVENTION. £- 

tary," and the rest of [the] sentence, ending with the word 
" Assembly," and to insert in lieu thereof the following words : 

" All judicial and civil officers now in office, who have been 
appointed by the General Assembly and commissioned ac- 
cording to law, and all such officers as shall be appointed by 
said Assembly and commissioned as aforesaid, before the first 
Wednesday of May next, shall continue to hold their offices 
until the first day of June next, unless they shall before that 
time resign or be removed from office according to law. The 
Treasurer and Secretary shall continue in office until a Treas- 
urer and Secretary shall be appointed under this Constitu- 
tion. All military officers shall continue to hold and exer- 
cise their respective offices until they shall resign or be re- 
moved, according to law." 

It was determined in the affirmative, and the section, as 
amended, was approved. 

On motion of Mr. T. Pitkin, to strike out the exception in 
the 3d section of the Tenth Article, in the 3d, 4th, and 5th 
lines, the Convention took the same into consideration: but 
before any decision therein, 

Adjourned until to-morrow morning at 8 o'clock. 

Tuesday, September 15th. 

The Journal of yesterday's proceedings was read. 

The Convention resumed the consideration of Mr. T. Pit- 
kin's motion, to strike out the exception in the 3d section of 
the Tenth Article, which was withdrawn by the mover. 

A motion was then made by Mr. T. Pitkin, to strike out the 
Seventh Article relating to Religion. The motion was di- 
vided, and the question first taken on striking out the 1st 
section, and was determined in the negative, by yeas and 
nays, as follows: 

For the motion: 

Messrs. N. Terry, B. Hart, S. Pitkin, 

Hooker, Everest, Reed, 



6 4 



PROCEEDINGS OF THE 



H. Terry, 


L. Sanford, 


Swan, 


Dixon, 


Burton, 


Everett, 


T. Pitkin, 


Bennett, 


Hinsdale, 


Treadwell, 


Perkins, 


W. Battell, 


A. Church, 


Payne, 


Tallmadge, 


Treat, 


Frost, 


H. Marshall, 


Buell, 


Fuller, 


Baldwin, 


Whittlesey, 


Griffing, 


Piatt, 


Grannis, 


Matthewson, 


Miller, 


Mitchell, 


Ingalls, 


Brainerd, 


Lusk, 


G. Larned, 


Huntington, 


Fowler, 


Childs, 


Hungerford, 


Rose, 


Hayden, 


Elliot, 


Riggs, 


Mills, 


Lane, 


Farnham, 


Lambert, 


Nott, 


Todd, 


Swift, 


Sill, 


Benedict, 


Burnham, 


Alvord, 


Bull, 


Hale, 


Root, 


Gunn, 


North, 


Edgerton, 


Osborn, 


Brace, 


Willey, 


Thomas, 


Austin, 


B. Phelps, 


Tolls, 


Marsh, 


Pease, 


Isham, 


A. Pettibone, 


Talcott. 


Abel, 


Jos. Battell, 


79 


Whiting, 


Trowbridge, 





Against the motion, 

Messrs. Sylv. Wells, 
S. Hart, 
Norton, 
R. Pitkin, 
Jenks, 

Sam'l Wells, 
Wilcox, 
Barker, 
E. Phelps, 
J. Pettibone, jun., 
Jones, 
Morse, 
E. Marshall, 
J. Phelps, 
Bristol, 
N. Smith, 
Hull, 

C. Shelton, 
R. Pierpont, 
Clark, 

D. Tomlinson. 
Marks, 



Miles, 

Adams, 

Ives, 

Manwaring, 

Larned, 

Turner, 

Lanman, 

Fox, 

J. Hyde, 

Daboll, 

W. Williams, 

Braman, 

M. Warren, 

Brockway, 

Comstock, 

C. Smith, 

W. Randall, jun. 

Palmer, 

Kimball, 

W. Randall, 

Gallup, 

Avery, 



Hill, 

G. Tomlinson, 

Starr, 

Cook, 

Lacey, 

C. Sanford, 

Lockwood, 

T. S. Wells, 

W. Shelton, 

Seeley, 

Barnum, 

Botsford, 

Fairman, 

Gregory, 

Eversley, 

King. 

Gilbert, 

Graves, 

Stevens, 

Weed, 

Edwards, 

Fairchiid, 



CONSTITUTIONAL CONVENTION. 



6$ 



Burton, 


Nicholls, 


A. Gregory, 


Keigwin, 


Sturges, 


O. Wolcott, 


Webb, 


Welch, 


Waldo, 


Burrall, 


Byles, 


Douglas, 


R. W. Williams, 


Pinney, 


L. Warren, 


Phelps, 


Hutchins, 


St. John, 


Tilden, 


Merwin, 


Babcock, 


Butler, 


Freeman, 


D. Johnson, 


Gurley, 


S. Church, 


Woodward, 


Bushnell, 


Dunlap, 


Perry, 


Hall, 


Bacon, 



A. Wolcott, 

Stow, 

Sage, 

Hurd, 

Lyman, 

Guernsey, 

Chapman, 

Young, 

Burrows, 

Peters, 

E. Hyde, 

N. Johnson, 

Crawford, 

Paul, 

Sibley, 

Brigham. 

114 nays. 



On motion of Mr. Mitchell, to amend the 2d section, by 
inserting after the word " thereupon" these words : " No 
longer belong to said corporation, and" — it was determined in 
the negative. 

The question was then taken on the other part of the mo- 
tion, to strike out the said 2d section, and was determined in 
the negative, by yeas and nays, as follows : 



For the motion, 






Messrs. Hooker, 


Todd, 


Childs, 


B. Hart, 


R. Pierpont, 


Hayden, 


S. Pitkin, 


Benedict, 


Mills, 


Jenks, 


Bull, 


Lambert, 


H. Terry, 


Gunn, 


Swift, 


Dixon, 


Osborn, 


Hale, 


T. Pitkin, 


Thomas, 


North, 


Treadwell, 


Tolls, 


Brace, 


A. Church, 


Isham, 


Austin, 


Treat, 


Abel, 


Marsh, 


Buell, 


Whiting, 


A. Pettibone 


Whittlesey, 


Burton, 


J. Battel!, 


Grannis, 


Perkins, 


Trowbridge. 


Mitchell, 


Payne, 


Swan, 


Lusk, 


Frost, 


Everett, 


Fowler, 


Fuller, 


Hinsdale. 


Rose, 


E. Griffing, 


W. Battel', 


Riggs, 


Ingalls, 


Tallmadge, 


Farnham, 


McClellan, 


Baldwin, 



66 



PROCEEDINGS OF THE 



Piatt, 


Lane, 


Miller, 


Nott, 


Brainerd, 


Sill, 


Hungerford, 


Alvord 


Elliott, 


Root, 



Edgerton, 
Willey, 
B. Phelps, 
Pease, 
Talcott. 

72 yeas. 



Against the motion: 



Messrs. Sylv. Wells, 


Palmer, 


Gurley, 


S. Hart, 


Kimball, 


Woodward, 


Norton, 


W. Randall, 


Dunlap, 


R. Pitkin, 


Gallup, 


Hall, 


Sam'l Wells, 


Avery, 


G. Larned, 


Wilcox, 


Hill. 


Nichols. 


Barker, 


G. Tomlinson, 


Keigwin, 


E. Phelps, 


Starr, 


O. Wolcott. 


J. Pettibone, jr., 


Cook, 


Welch, 


Jones, 


Lacey, 


Pinney, 


Morse, 


Lockwood, 


Burrall, 


E. Marshall, 


T. S. Wells, 


A. Phelps, 


J. Phelps, 


W. Shelton, 


Burnham, 


Bristol, 


Seeley, 


St. John, 


N. Smith, 


Barnum, " 


Merwin. 


Hull, 


• Botsford, 


Butler. 


C. Shelton, 


Fairman, 


D. Johnson, 


Clark, 


M. Gregory, 


S. Church. 


D. Pierpont, 


Eversley, 


H. Marshall. 


D. Tomlinson, 


L. Sanford, 


Bushnell. 


Marks, 


King, 


Perry. 


Miles, 


Gilbert, 


Bacon. 


Adams, 


Graves, 


A. Wolcott. 


Ives, 


Stevens, 


Stow. 


Mamvaring, 


Weed, 


Sage. 


Larned, 


Fdwards, 


Hurd. 


Turner, 


Fairchild, 


Lyman. 


Lanman, 


A. Gregory, 


Guernsey. 


Fox, 


Sturges, 


Chapman. 


Hyde, 


Waldo, 


Younp 


Daboll. 


Webb, 


Burrows. 


W. Williams, 


Byles, 


Peters. 


Braman, 


R. W. Williams, 


E. Hyde. 


M. Warren, 


L. Warren, 


N. Johnson. 


Brockway, 


llutchins, 


Crawford. 


Comstock, 


Tilden. 


Paul, 


C. Smith, 


Babcock, 


Sil ley. 


W. Randall, jun., 


Freeman, 


Brighaiu. 

: 14 na\v 



CONSTITUTIONAL CONVENTION. § 

On motion of Mr. N. Terry, to insert next after the word 
"association" in the 9th line of the 1st section of the Seventh 
Article, these words : " But every person now belonging to such 
congregation, church, or religious association, shall remain a 
member thereof, until he shall have separated himself therefrom 
in the manner hereinafter provided," and to insert " And," in- 
stead of " But," next after, — it was determined in the affirm- 
ative. 

On motion of Mr. N. Terry, further to amend said section, 
by inserting next after the words " members of," in the last 
line but one, these words : " of any such society to be laid by 
a major vote of the legal voters assembled at any society meeting 
warned and held according to law," and striking* out the words 
"of their respective societies only," — it was determined in the 
affirmative. 

On motion of Mr. G. Tomlinson, to amend the 1st sec- 
tion of the Fifth Article, by striking out the words " of errors, 
a superior court," and inserting in lieu thereof these words : 
"which shall consist of a chief judge, and not more than four 
other judges: " The motion was divided, and the question on 
striking out decided in the negative. So the motion was 
lost. 

Mr. Edwards offered the following resolution, which was 
adopted, to wit: 

Resolved, That this Convention, at 5 o'clock this afternoon, 
will take the final question on the adoption or rejection of the 
Constitution, by yeas and nays. 

On motion of Mr. Butler, the 12th section of the Fourth 
Article was transposed, and placed next after the iSth [17th] 
section, so as to be numbered the iSth section, and the num- 
bers of the sections between the 12th and 19th sections were 
changed in conformity to that arrangement. 

On motion of Mr. Edwards, the draft of the Constitution 
was referred to the engrossing committee, for the purpose of 
correcting verbal inaccuracies and errors in phraseology. 



58 PROCEEDINGS OF THE 

On motion of Mr. Pitkin, to amend the 3d section of the 
Third Article, by adding thereto, at the end, these words : 

" In case a new town shall hereafter be incorporated, such 
new town shall be entitled to one Representative only; and 
if such new town shall be made from one or more towns, the 
town or towns from which the same shall be made shall be 
entitled to the same number of Representatives as at present 
allowed; unless the number shall be reduced by the consent 
of such town or towns." 

It was determined in the affirmative, and the section was 
approved as amended. 

On motion of Mr. Dixon, to insert in the 20th section of 
the Fourth Article, after the words " said Assembly/' in the 
4th line, these words: "and shall become bound with sufficient 
sureties to the Treasurer of the State for the faithful discharge 
of the duties of his office, in such manner as shall be prescribed 
by lazv." [It was decided in the affirmative.] 

On motion of Mr. Stow, to amend the amendment last 
made to the 1st section of the Seventh Article, by inserting the 
word "only" next after the words "such society,'' — it was 
decided in the affirmative. 

On motion of Mr. Dixon, to strike out of the 7th sec- 
tion of the First Article the words " or indictments," — it was 
determined in the affirmative. 

The motion formerly made by Mr. Mitchell, to add a 23d 
section to the Bill of Rights, was considered and determined 
in the negative. 

On motion of Mr. N. Terry, to amend the 2d section of the 
Third Article, by striking out the first part thereof, ending 
with the word " Hartford," in the 7th line, and inserting, in 
lieu thereof, these words : " There shall be tzvo stated sessions 
of the General Assembly, to be holden in each year, one at Hart- 
ford, on the second Thursday of May, and the other at New 
Haven, on the second Thursday of October," — it was deter- 
mined in the negative. 

The Convention ordered a recess for half an hour: met 



CONSTITUTIONAL CONVENTION. £ Q 

again at 5 o'clock P. M. when the Draft of the Constitution, 
as amended and approved when read by sections, was read 
through for the last time before the final question of accept- 
ance or rejection. 

The Constitution was then accepted and approved, by yeas 
and nays. Yeas 134 — nays 61, as follows, to wit: — 

In favor of the Constitution zvhich has been read: 



Messrs. Sylv'r Wells, 


Brockway, 


Babcock, 


N. Terry, 


Comstock, 


Freeman, 


S. Hart, 


C. Smith, 


Gurley, 


Norton, 


Wm. Randall, jun., 


Woodward, 


R. Pitkin, 


Palmer, 


Dunlap, 


Reed, 


Kimball, 


Matthewson, 


Jenks, 


Wm. Randall, 


Hall, 


H. Terry, 


Gallup, 


G. Larned, 


Dixon, 


Avery, 


Nichols, 


Sam'l Wells, 


Hill, 


Keigwin, 


Wilcox, 


Tomlinson, 


McClellan, 


Barker, 


Starr, 


O. Wolcott, 


Elisha Phelps, 


Cook, 


Welch, 


J. Pettibone, jun., 


Lacey, 


Burrall, 


Jones, 


Lockwood, 


Douglas, 


Morse, 


T. S. Wells, 


Pinney, 


Mitchell, 


Wm. Shelton, 


A. Phelps, 


E. Marshall, 


Seeley, 


Burnham, 


Josiah Phelps, 


Barnum, 


Hale, 


Bristol, 


Botsford, 


North, 


N. Smith, 


Fairman, 


St. John, 


Hull, 


M. Gregory, 


Merwin. 


Chas. Shelton, 


Eversley, 


A. Pettibone, 


Todd, 


Whiting, 


J. Battell, 


R. Pierpont, 


L. Sariford, 


Butler, 


Clark, 


King, 


Trowbridge, 


D. Pierpont, 


Gilbert, 


S. Church, 


D. Tomlinson, 


Graves, 


D. Johnson, 


Osborn, 


Edwards, 


H. Marshall, 


Andrews, 


Burton, 


Bushnell, 


Marks, 


A. Gregory, 


Miller, 


Miles, 


Bennett, 


Stow, 


Adams, 


Sturges, 


Sage. 


Ives, 


Webb, 


Hurd, 


Manwaring, 


Waldo, 


Lyman, 


Larned, 


Byles, 


Guernsey, 


Turner, 


R. W. Williams, 


Brainerd. 


Lanman, 


Fuller, 


Huntington. 


Fox, 


E. Grifhng, 


Huncerford. 


Daboll, 


L. Warren, 


Chapman, 


Wm. Williams, 


Hutchins, 


Young. 


Braman, 


Tilden, 


Alvord, 



70 



PROCEEDINGS OF THE 



Burrows, 


N. Johnson, 


Sibley, 


Peters, 


Crawford, 


Brigham. 


E. Hyde, 


Paul, 


134 yeas 


Against the Constitution which has been read: 


Messrs. Hooker, 


Deming, 


Everett, 


B. Hart, 


Isham, 


Hinsdale, 


Everest, 


J. Hyde, 


W. Battell, 


S. Pitkin, 


Abel, 


Tallmadge, 


T. Pitkin, 


C. Sanford, 


Baldwin, 


Treadwell, 


Stevens, 


Piatt, 


A. Church, 


Weed, 


Perry, 


Treat, 


Fairchild, 


Bacon, 


Buell, 


Perkins, 


A. Wolcott, 


Whittlesey, 


Payne, 


Elliott, 


Grannis, 


Frost, 


Lane, 


Lusk, 


Ingalls, 


Nott, 


Fowler, 


Childs, 


Sill, 


Rose, 


Hayden, 


Root, 


Riggs, 


Mills, 


Edgerton, 


Farnham, 


Lambert, 


Willey, 


Benedict, 


Swift, 


B. Phelps, 


Bull, 


Brace, 


Pease, 


Gunn, 


Austin, 


Talcott. — nays 61. 


Thomas, 


Marsh, 




Tolls, 


Swan, 




Yeas 134 — nays 61- 


-majority 73. 





On motion, 

It was resolved, That twenty dollars be allowed to his Ex- 
cellency, Governor Wolcott, for his extra services as Presi- 
dent of this Convention. 

On motion, 

Resolved, That there be allowed to the Honorable James 
Lanman, and Robert Fairchild, Esqrs., twenty-five dollars 
each, for their extra services as Clerks of this Convention. 

On motion, 

Resolved, That there be allowed to the Rev. Messrs. Flint, 
Hawes, Cushman, and Nichols, twelve dollars each for attend- 
ing as Chaplains on this Convention. 

Resolved, That the clerks be a committee to examine and 
tax the bills of the sheriff, and the incidental expenses attend- 
ing the Convention. 

The report of the committee appointed to make up the de- 



CONSTITUTIONAL CONVENTION. 71 

benture was accepted, and it was ordered the Treasurer pay 
to the several persons named therein the sums affixed to their 
names, respectively.* 

The following resolution was offered by Mr. Tomlinson, viz : 

In Convention, September 15th, A. D. 1818. 

Resolved, That the Constitution, which has been formed 
and approved by this Convention, shall be signed by the Pres- 
ident, countersigned by the clerks, and deposited in the office 
of the Secretary. And it shall be the duty of the Secretary 
forthwith to transmit seven hundred copies thereof to the 
town-clerks of the several towns in this State, which copies 
shall be apportioned among said towns according to their re- 
spective lists. The said Constitution shall, by said town- 
clerks, be submitted to the consideration of the qualified 
voters in said towns for their approbation and ratification, on 
the first Monday of October next, in the respective town- 
meetings legally warned for that purpose. 

And that the number required to approve and ratify said 
Constitution be a majority of the qualified voters present and 
voting at such meetings, to be convened agreeably to the res- 
olution of the General Assembly in such case provided, passed 
at their session in May last. 

Which was adopted. 

On a motion made, that three-fifths of the number of votes 
to be given by the freemen on the question of ratifying the 
Constitution be required to ratify and adopt the same, — it 
was determined in the negative. 

A similar question was then taken on the number of four- 
sevenths, and then on five-ninths, both of which were deter- 
mined in the negative. 

A motion was then made, that a majority of the qualified 
voters present and voting at the town-meetings, to be con- 
vened for the purpose of ratifying or rejecting the Constitu- 
tion, be required to ratify the same. 

* From the Comptroller's Report in 1819, it appears that the total cost of the Con- 
vention, including printing, .was §11,313.25. 



j 2 P ROC E EDI NGS OF THE 

Wednesday, September 16th. 

The Journal of yesterday's proceedings was read. 

On motion of Mr. Edwards, the journal of last Monday's 
proceedings was corrected, by inserting a clause in the Con- 
stitution, which was approved and adopted on that day, but 
which, by mistake, was not then entered on the journal, in 
the following words : 

" The Governor and Lieutenant Governor, and the General 
Assembly which is to be formed in October next, shall have 
and possess all the powers and authorities, not repugnant to 
or inconsistent with this Constitution, which they now have 
and possess, until the first Wednesday of May next." 

To be added at the end of the 3d section of the Tenth 
Article. 

On motion of Mr. Lanman, 

Resolved, That the thanks of this Convention be presented 
to his Excellency, Governor Wolcott, for the very acceptable 
and impartial manner in which he has discharged the duties 
of President of this Convention. 

On which the President made a suitable and impressive 
address to the Convention. 

JAMES LANMAN, ) 

ROBERT FAIRCHILD, j ' 

j ■ 

In Convention, at Hartford, 
this 16th day of September, 1818. 

Hartford, September i6th, A. D. 1S18. 
Agreeably to the Resolve of the Convention, a copy of the 
Constitution duly engrossed was procured, signed by the 
President of the Convention, countersigned by the Clerks, 
and deposited in the hands of the Secretary. A copy also of 
the Resolve of the Convention passed yesterday, directing 
copies of the Constitution to be printed and transmitted to 
the respective town-clerks in this State, &c, was delivered to 
the Secretary. 

JAMES LANMAN, ' > Clerks of the 
ROBERT FAIRCHILD, j Convention. 



Printed Copy annexed to the Journal, and referred 
to therein. 

R. FAIR CHILD, Clerk. 
16 6>/., 1818. 

1 The Committee to whom was referred the 

2 subject of drafting a Constitution to be sub- 

3 mitted to the consideration of the Conven- 

4 tion beg leave to report in part — the follow- 

5 ing preamble and Bill of rights. 

Per Order 
PIERPONT EDWARDS, Chairman. 



1 The people of Connecticut acknowledging with 

2 gratitude, the good providence of God in having 

3 permitted them to enjoy a free government, do, 

4 in order more effectually to define, secure, and per- 

5 petuate the liberties, rights and privileges which 

6 they have derived from their ancestors, hereby, after 

7 a careful consideration and revision, ordain and 

8 establish the following Constitution and form of 

9 civil Government. 



74 

article f it$t. 

DECLARATION OF RIGHTS. 

1 That the general, great, and essential principles 

2 of Liberty and Free Government may be recognized 

3 and established — 

WE DECLARE, 

1 Sec. l. That all men when they form a social 

2 compact, are equal in rights; and that no man, or 

3 set of men, are entitled to exclusive separate public 

4 emoluments or privileges from the community. 

1 Sec. 2. That all political power is inherent in the 

2 people, and all free governments are founded on 

3 their authority, and instituted for their benefit ; and 

4 that they have at all times an undeniable and inde- 

5 feasible right to alter their form of government in 

6 such manner as they may think expedient. 

1 Sec. 3. The exercise and enjoyment of religious 

2 profession and worship, without discrimination, shall 

3 forever be free to all persons in this State, provided 

4 that the right hereby declared and established, shall 

5 not be so construed as to excuse acts of licentious- 

6 ness, or to justify practices inconsistent with the 

7 peace, and safety, of the State. 

1 Sec. 4. No preference shall be given by law, to 

2 any religious sect or mode of worship. 



75 

i Sec. 5. No person shall be molested for his 

2 opinions on any subject whatever, nor suffer any 

3 civil or political incapacity, or acquire any civil or 

4 political advantage, in consequence of such opinions, 

5 except in cases provided for in this Constitution. 

1 Sec. 6. Every citizen may freely speak, write, 

2 and publish his sentiments on all subjects, being re- 

3 sponsible for the abuse of that liberty. 

1 Sec. 7. No law shall ever be passed to curtail or 

2 restrain the liberty of speech, or of the press. 

1 Sec. 8. In all prosecutions or indictments for 

2 libels, the truth may be given in evidence and the 

3 jury shall have the right to determine the law and 

4 the facts, under the direction of the Court. 

1 Sec. 9. The people shall be secure in their per- 

2 sons, houses, papers and possessions from unreason- 

3 able searches or seizures; and no warrant to search 

4 any place, or to seize any person or things, shall 

5 issue without describing them as nearly as may be, 

6 nor without probable cause, supported by oath or 

7 affirmation. 

1 Sec. 10. In all criminal prosecutions the accused 

2 hath a right to be heard by himself and by coun- 

3 sel; to demand the nature and cause of the accus- 

4 ation; to be confronted by the witnesses against 

5 him; to have compulsory process to obtain wit- 

6 nesses in his favor; and in all prosecutions by in- 

7 dictment or information, a speedy, public trial, by 

8 an impartial Jury. He cannot be compelled to 

9 give evidence against himself nor be deprived ot 



76 

10 life, liberty, or property, but by due course of 

11 law. 

1 Sec. 11. No person shall be accused, arrested, or 

2 detained, except in cases ascertained by law, and 

3 according to forms which the same has prescribed ; 

4 and no person shall be punished, but in virtue of a 

5 law established and promulgated prior to the of- 

6 fence and legally applied. 

1 Sec. 12. The property of no person shall be taken 

2 for public use, without just compensation therefor. 

1 Sec. 13. All Courts shall be open, & every per- 

2 son for an injury done him in his lands, goods, per- 

3 son or reputation, shall have remedy, by due course 

4 of law, and right and justice be administered with- 

5 out sale, denial, or delay. 

1 Sec. 14. Excessive bail shall not be required, nor 

2 excessive fines imposed. 

1 Sec. 15. All prisoners shall, before conviction, be 

2 bailable by sufficient sureties except for capital of- 

3 fences, where the proof is evident, or the presump- 

4 tion great; and the privilege of the writ of Habeas 

5 Corpus shall not be suspended, unless when in case 

6 of rebellion or invasion the public safety may re- 

7 quire it. 

1 Sec. 16. No person shall be attainted of Treason, 

2 or Felony, by the Legislature. 

1 Sec. 17. The citizens have a right, in a peaceable 

2 manner to assemble together for their common 

3 good, and to apply to those invested with the pow- 



77 

4 ers of government, for redress of grievances, or 

5 other proper purposes, by petition, address, or . re- 

6 monstrance. 

1 Sec. 18. Every citizen has a right to bear arms in 

2 defence of himself and the State. 

1 Sec. 19. The military shall in all cases, and at all 

2 times, be in strict subordination to the civil power. 

1 Sec. 20. No soldier shall in time of peace be 

2 quartered in any house, without the consent of the 

3 owner; nor in time of war, but in a manner to be 

4 prescribed by law. 

1 Sec. 21. No hereditary emoluments, privileges, 

2 or honors shall ever be granted, or conferred, in 

3 this State. 

1 Sec. 22. No citizen of this State shall be exiled, 

2 or prevented from emigrating on any pretence 

3 whatever. 

1 Sec. 23. The right of trial by Jury shall remain 

2 inviolate. 



THE COMMITTEE, 

TO WHOM WAS REFERRED THE CONSIDERATION OF THE 
SUBJECT OF DRAFTING 

A Constitution, 

TO BE SUBMITTED TO THE CONVENTION, 

BEG LEAVE 

^0 REPORT IN PJRT. 

Per order, PIERPONT EDWARDS, 

Chairman. 



Article £ccon&, 
DISTRIBUTION OF POWERS. 

i § i. The powers of government shall be divi- 

2 ded into three distinct departments, and each 

3 of them confided to a separate body of magis- 

4 tracy — to wit — those which are Legislative, to 

5 one; those which are Executive to another, and 

6 those which are Judicial to another. 

1 § 2. No person or collection of persons, being 

2 of one ot those departments, shall exercise any 

3 power properly belonging to either ot the others, 

4 except in the instances herein after expressly di- 

5 rected or permitted. 



79* 
Article €&irt>. 

OF THE LEGISLATIVE DEPARTMENT. 

i § i. The Legislative power of this State shall 

2 be vested in two distinct houses or branches ; the 

3 one to be styled The Senate, the other The 

4 House of Representatives, and both togeth- 

5 er THE GENERAL ASSEMBLY. The style 

6 of their laws shall be, Be it e?iacted by the Sen- 

7 ate and House of Representatives of the State of 

8 Connecticut, in General Assembly convened. 

1 § 2. There shall be one stated session of the 

2 General Assembly, to be holden in each year, al- 

3 ternately at Hartford and New Haven, on the 

4 first Wednesday of May, and at such other times 

5 as the General Assembly shall judge necessary : 

6 the first session to be holden at Hartford ; but 

7 the person administering the office of Governor, 

8 may on special emergencies, convene the Gen- 

9 eral Assembly at either of said places, at any 

10 other time. And in case of danger from the 

11 prevalence of contagious diseases in either of 

12 said places, or other circumstances, the person 
\ 13 administering the office of Governor may, by 

14 Proclamation, convene said Assembly at any 

15 other place in this State. 

1 § 3. The House of Representatives shall con- 

2 sist of freemen residing in towns from which 

3 they are elected. The number of Representa- 

4 tives from each town shall be the same as at pre- 

5 sent allowed and practised ; but the General 

6 Assembly may reduce the number, provided 

7 that there shall be always at least one Repre- 

8 sentative from each town. 

■ 



• So 

1 § 4. The Senate shall consist of twelve mem- 

2 bers, to be chosen annually by the Freemen, 

3 provided the General Assembly may within two 

4 years after taking of the next census of the Uni- 

5 ted States, increase the Senate to a number not 

6 exceeding twenty-one, and shall, within said 

7 time, divide the State into such number of Sen- 

8 atorial districts as they may think necessary. 

1 § 5. At the meetings of the Freemen held in 

2 the several towns in this State in April annually 

3 after the election of Representatives, each of the 

4 Freemen present shall be invited to present 

5 written ballots for the Senators. The Modera- 

6 tor or presiding officer shall receive the votes of 

7 the Freemen and count and declare them in 

8 open Freemen's meeting. The presiding offi- 

9 cer shall also make duplicate lists of the per- 

10 sons voted for and of the number of votes for 

1 1 each, which shall be certified by the presiding 

12 officer; one of which lists shall be delivered to 

13 the Town Clerk, and the other within ten days 

14 after said meeting shall be delivered under seal 

15 either to the Secretary of State or to the Sher- 

16 iff of the County in which said town is situated, 

17 which copy shall be directed to the Secretary of 

18 State, with a superscription expressing the pur- 

19 port of the contents thereof. And each Sheriff 

20 who shall receive such votes shall within fifteen 

21 days after said Freemen's meeting, deliver, or 

22 cause them to be delivered to the Secretary 

23 of State. 

1 § 6. The Secretary of State, Treasurer and 

2 Comptroller, for the time being shall canvass 

3 the votes publicly. The twelve persons having 



8i 

4 the greatest number of votes for Senators, 

5 shall be declared to be elected. But in cases 

6 where no choice is made by the Freemen in 

7 consequence of an equality of votes, the House 

8 of Representatives shall designate by ballot 

9 which of the . candidates having such equal 

10 number of votes, shall be declared to be elected. 

1 1 The return of votes, and the result of the can- 

12 vass, shall be submitted to the House of Re- 

13 presentatives, and also to the Senate, on the 

14 first day of the session of the General Assem- 

15 bly, and each House shall be the final judge of 

16 the election returns and qualifications of its 
i 17 own members. 

1 § 7. The House of Representatives when as- 

2 sembled, shall choose a Speaker, Clerk, and 

3 other officers. The Senate shall choose its 

4 Clerk and other officers, except the President. 

5 A majority of each House shall constitute a quo- 

6 rum to do business; but a smaller number may 

7 adjourn from day to day, and compel the attend- 

8 ance of absent members in such manner, and 

9 under such penalties as each House may pre- 
10 scribe. 

1 § 8. Each House shall determine the rules of 
2* its own proceedings, punish members for disor- 

3 derly conduct, and with the consent of two- 

4 thirds expel a member, but not a second time for 

5 the same cause, and shall have all other powers 

6 necessary for a branch of the Legislature of a 

7 free and independent State. 

1 § 9. Each House shall keep a journal of its 

2 proceedings and publish the same when requi- 

3 red by one-fifth of its members, except such parts 

6 



82 

4 as in the judgment of a majority may require 

5 secrecy. The yeas and nays of the members of 

6 either House shall at the desire of one-fifth of 

7 those present, be entered on the journals. 

1 § lo. The Senators and Representatives shall 

2 in all cases except treason, felony, or breach of 

3 the peace, be privileged from arrest during the 

4 session of the General Assembly, and for four 

5 days before the commencement, and after the 

6 termination of any session thereof. And for 

7 any speech or debate in either house, they shall 

8 not be questioned in any other place. 

1 §11. The doors of each house shall be open 

2 except on such occasions as in the opinion of the 

3 House may require secrecy. 

Article fouttf). 
EXECUTIVE DEPARTiMENT. 

1 § l. The supreme executive power of the State 

2 shall be vested in a Governor, who shall be 

3 elected by the freemen of the State, and shall 

4 hold his office for one year from the first Wed- 

5 nesday of May next succeeding his election and 

6 until his successor be duly qualified. No per- 

7 son who is not a freeman of this State and who 

8 has not arrived at the age of thirty-five years shall 
g be eligible. 

1 § 2. At the annual meetings of the freemen of 

2 the respective Towns in the month of April im- 

3 mediately after the election of Senators, the pre- 

4 siding officers shall invite the freemen to present 

5 ballots for him they would elect to be Governor 



83 

6 with his name fairly written. Duplicate lists 

7 of such ballots shall, in the presence of the free- 

8 men be made and certified by the presiding offi- 

9 cer, one of which lists shall be deposited in the 

10 office of the Town Clerk and the other transmit- 

1 1 ted to the* Secretary of State, or Sheriff of the 

12 County, within ten days after the said meetings. 

13 The Secretary of State, Treasurer, and Comp- 

14 troller, for the time being, shall during the month 

15 of April, canvass the returns of the presiding 

16 officer, and publish the name of the person hav- 

17 ing a majority of the whole number of votes, 

18 who shall be declared to be elected. But if no 

19 person shall have a majority of the whole num- 

20 ber of votes returned, or if two or more shall 

21 have an equal and the highest number of votes, 

22 then the names of the two persons having the 

23 highest number of votes, or the name of the per- 

24 sons having an equal and highest number of 

25 votes (as the case may be) shall be returned to 

26 the General Assembly at their then next ses- 

27 sion, and one of them shall be chosen Governor 

28 on the second day of the session of the said Gen- 

29 erai Assembly, by the joint ballots of both 

30 houses, without previous debate. Contested Elec- 

31 tions for the Governor or Lieutenant Governor 

32 shall be determined by both Houses of the Gen- 

33 eral Assembly, in such manner as shall be pre- 

34 scribed by law. 

1 § 3. At the annual meetings of the freemen, 

2 immediately after the election of Governor, 

3 there shall also be chosen in the same manner 

4 as is herein before provided for the election of 

5 Governor, a Lieutenant Governor, who shall 



84 

6 continue in office for the same time, and pos- 

7 sess the same qualifications. 

1 § 4. The compensations of the Governor and 

2 Lieutenant Governor shall be established by 

3 law, and shall not be varied so as to take effect 

4 until after an election, which shall next succeed 

5 the passage of the law establishing said com- 

6 pensation. 

1 § 5. The Governor shall be Captain General of 

2 the Militia of the State, except when called 

3 into the Service of the United States. 

1 § 6. He may require information in writing 

2 from the officers in the executive department on 

3 any subject relating to the duties of their re- 

4 spective offices. 

1 § 7. The Governor, in case of a disagreement 

2 between the two Houses respecting the time of 

3 adjournment, may adjourn them to such time 

4 as he shall think proper, not beyond the d.iy of 

5 the next stated session. 

1 § 8. He shall from time to time, give to the 

2 General Assembly, information of the state of 

3 the Government, and recommend to their con- 

4 sideration, such measures as he shall deem ex- 

5 pedient. 

1 § 9. He shall take care that the laws be faith- 

2 fully executed. 

1 § 10. The Governor shall have the power to 

2 grant reprieves and pardons, after conviction, in 

3 all cases except those of impeachment, and in 

4 capital cases, and to remit fines and penalties 

5 under such rules and regulations as. may be 



85 

6 prescribed by law, and in case of a conviction 

7 for a capital offence, he may respite the sentence 

8 until after the session of the next General As- 

9 sembly. 

1 §11. All Commissions shall be in the name 

2 and by the authority of the State of Connecti- 

3 cut; shall be sealed with the State Seal, sign- 

4 ed by the Governor, and attested by the Secre- 

5 tary of State. 

1 § 12. A Secretary of State shall be appointed 

2 in such manner as the General Assembly shall 

3 direct. He shall have the safe keeping and cus- 

4 tody of the public records and documents, and 

5 particularly of the Acts, resolutions and orders 

6 of the General Assembly, and record the same, 

7 and perform all such duties as shall be prescrib- 

8 ed by law. He shall be the keeper of the Seal 

9 of the State, which shall not be altered. 

i § 13. Every bill which shall have passed both 

2 Houses of the General Assembly, shall be pre- 

3 sented to the Governor. If he approves he shall 

4 sign it, but if not he shall return it to the House 

5 in which it originated; who shall enter the ob- 

6 jections at large upon their Journal, and pro- 

7 ceed to reconsider it. If after such reconsider- 

8 ation, that House shall again pass it, it shall be 

9 sent with the objections, to the other House, 

10 which shall also reconsider it. If approved, it 

11 shall become a Law. But in such cases the 

12 votes of both Houses shall be determined by 

13 Yeas and Nays; and the names of the members 

14 voting for and against the Bill, shall be entered 

15 on the Journals of each House respectively. 



86 

16 If the Bill shall not be returned by the Gover- 

17 nor within three days (Sundays excepted) af- 

18 ter it shall have been presented to him, the 

19 same shall be a law in like manner as if he had 

20 signed it; unless the General Assembly, by 

21 their adjournment, prevents its return, in which 

22 case it shall not be a law. 

1 § 14. The Lieutenant Governor shall, by vir- 

2 tue of his office, be President of the Senate, and 

3 have, when in committee of the whole, a right 

4 to debate, and when the Senate is equally divi- 

5 ded, to give the casting vote. 

1 § 15. In case of the death, resignation, refusal 

2 to serve, or removal from office of the Gover- 

3 nor, or of his impeachment, or absence from the 

4 State, the Lieutenant Governor shall exercise 

5 the powers and authority appertaining to the 

6 office of Governor, until another be chosen at 

7 the next periodical election for Governor, and 

8 be duly qualified; or until the Governor im- 

9 peached or absent shall be acquitted or return. 

1 § 16. When the government shall be adminis- 

2 tered by the Lieutenant Governor, or he shall 

3 be unable to attend as President of the Senate, 

4 the Senate shall elect one of their members, as 

5 President pro tempore. And if during the va- 

6 cancy of the office of Governor, the Lieutenant 

7 Governor shall die, resign, refuse to serve, or 

8 be removed from office, or if he shall b^ im- 

9 peached, or absent from the State, the Presi- 

10 dent of the Senate, pro tempore^ shall in like 

1 1 manner administer the government until he be 



87 

12 superseded by a Governor or Lieutenant Gov- 

13 ernor. 

1 . § 17. If the Lieutenant Governor shall be re- 

2 quired to administer the Government, and 

3 shall while in such administration, die or resign 

4 during the recess of the General Assembly, it 

5 shall be the duty of the Secretary of State for 

6 the time being, to convene the Senate for the 

7 purpose of choosing a President pro tempore. 

1 § 18. A State Treasurer shall be annually cho- 

2 sen by the Freemen at their Freemen's meeting 

3 in April, and the votes shall be counted, declar- 

4 ed, returned, and canvassed in the same manner 

5 as is provided for the election of Governor and 

6 Lt. Governor, but the votes for Treasurer shall 

7 be canvassed by the Secretary and Comptroller 

8 only. He shall receive all monies belonging to 

9 the State, and disburse the same only as he may 

10 be directed by law. He shall pay no warrant 

1 1 or order for the disbursement of public money 

12 until the same has been registered in the office 

13 of the Comptroller. 

1 §19. A Comptroller of the public accounts shall 

2 be annually appointed by the General Assem- 

3 bly. He shall adjust and settle all public ac- 

4 counts and demands, except Grants and Orders 

5 of the General Assembly. He shall prescribe 

6 the mode of keeping and rendering all public 

7 accounts. He shall ex-officio be one of the Au- 

8 ditors of the accounts of the Treasurer. The 

9 General Assembly may assign to him other du- 
10 ties in relation to his office and those ot the 



88 

11 Treasurer, and shall prescribe the manner in 

12 which his duties shall be performed. 

1 § 2o. A sheriff shall be appointed in each 

2 County, by the General Assembly, who shall 

3 hold his office for three years. 

1 § 21. A statement of all receipts, payments, 

2 funds and debts of the State shall be published 

3 from time to time, in such manner, and at such 

4 periods as shall be prescribed by law. 



THE COMMITTEE, 

TO WHOM WAS REFERRED THE CONSIDERATION 
OP THE SUBJECT OF DRAFTING A 

Constitution, 

OF CIVIL GOVERNMENT, 
BEG LEAVE FURTHER TO REPORT IN PART. 

Signed per order, 

PIERPONT EDWARDS, 

Chairman. 



Article tfiftf), 

OF THE JUDICIAL DEPARTMENT. 

1 § l. The Judicial power of the State 

2 shall be vested in a Supreme Court of Er- 

3 rors, a superior Court, and such inferior 

4 Courts as the General Assembly shall from 

5 time to time ordain and establish. The 

6 powers and jurisdiction of which Courts 

7 shall be denned by law. 



90 

1 § 2. There shall be appointed in each 

2 County, a sufficient number of Justices of 

3 the Peace, with such jurisdiction in civil 

4 and criminal cases as the General Assembly 

5 may prescribe. 

1 § 3. The Judges of the Supreme Court 

2 of Errors, of the Superior & Inferior Courts 

3 and all Justices of the Peace shall be ap- 

4 pointed by the General Assembly. The 

5 Judges of the Supreme Court and of the 

6 Superior Court, shall hold their offices 

7 during good behaviour; but may be remo- 

8 ved by impeachment; and the Governor 

9 shall also remove them on the address of 

10 two thirds of the members of each house 

1 1 of the General Assembly ; all other Judg- 

12 es and Justices of the peace shall be ap- 

13 pointed annually. No Judge or Justice 

14 of the Peace shall be capable of holding 

15 his office after he shall have arrived to the 

16 age of seventy years. 

SBrtidc M>ixtl). 
QUALIFICATIONS OF ELECTORS. 

1 § 1. All persons who have been, or shall 

2 hereafter previous to the ratification of this 

3 constitution, be admitted Freemen accord- 

4 ing to the existing laws of this State, shall 

5 be and remain Freemen or electors. 

1 § 2. Every white male citizen of the United 

2 States, who shall have attained the age of 

3 twenty-one years, and resided in the town 



4 in which he may offer himself to be admit- 

5 ted to the privlege of an elector or freeman, 

6 at least six months preceding; and have a 

7 freehold estate of the yearly value of seven 

8 dollars; or having been enrolled in the mi- 

9 litia, shall have performed military duty 

10 therein for the term of one year next pre- 

1 1 ceding the time he shall offer himself for 

12 admission, or being liable thereto, shall 

13 have been by authority of law excused 

14 therefrom; or shall have paid a state tax 

15 within the year next preceding the term 

16 he shall present himself for such admission, 

17 and shall sustain a good moral character, 
t8 shall, on his taking such oath as may be 
19 prescribed by law, be an elector. 

1 § 3- No person shall gain a residence so as to 

2 render any town chargeable for his support 

3 merely in consequence of being admitted 

4 an elector. 

1 § 4. The privileges of an elector shall be 

2 forfeited by a conviction of bribery, forgery, 

3 perjury, duelling, fraudulent bankruptcy, 

4 or theft. 

1 § 5. Every elector shall be eligible to any 

2 office in this state, except in the cases pro- 

3 vided for in this Constitution. 

1 § 6. The select men of the several towns 

2 shall decide on the qualifications of electors, 

3 at such times and in such manner, as 

4 may be prescribed by law. 



9 2 

1 § 7. Laws shall be made to support the 

2 privilege of free suffrage, prescribing the 

3 manner of regulating and conducting elec- 

4 tions, and other meetings of the electors, 

5 and prohibiting under adequate penalties, 

6 all undue influence therein, from power, 

7 bribery, tumult and other improper conduct. 

1 § 8. In all elections of officers of the state, 

2 or members of the General Assembly, or 

3 members of Congress, the votes of the elec- 

4 tors or Freemen shall be by ballot. 

1 § 9. At all elections of officers of" the 

2 State, or members of the General Assem- 

3 bly, the electors or freemen shall be priv- 

4 ileged from arrest during their attendance 

5 upon, and going to, and returning from, 

6 the same, except in cases of felony or breach 

7 of the peace. 

1 § 10. The Freemen's Meetings for the 

2 election of the several State officers by law 

3 annually to be elected, and members of 

4 the General Assembly of this State, shall 

5 be holden on the first Monday of April in 

6 each year. 



THE COMMITTEE, 

TO WHOM WAS REFERRED THE CONSIDERATION 
OF THE SUBJECT OF DRAFTING A 

Constitution 

OF CIVIL GOVERNMENT 

TO BE SUBMITTED TO THE CONVENTION, 

BEG LEAVE TO REPORT. 

Per order, 

PIERPONT EDWARDS, 

Chairman. 



RELIGION. 



1 § l. It being the right and duty of all men 

2 to worship the Supreme Being, the great 

3 Creator and Preserver of the universe, in 

4 the mode most consistent with the dic- 

5 tates of their consciences; no person shall 

6 be compelled to join or support, nor by law 

7 be classed with, or associated to any con- 

8 gregation, church or religious association. 



94 

9 And each and every society or denomination 

10 of christians in this State, shall have and 

11 enjoy the same and equal powers, rights 

12 and privileges; and shall have power and 

13 authority to support and maintain the 

14 Ministers or Teachers of their respective 

15 denominations, and to build and repair 

16 houses for public worship, by a tax on the 

17 members of the respective societies only, 

18 or in any other manner. 

1 § 2. If any person shall choose to separate 

2 himself from the society or denomination of 

3 christians to which he may belong, and 

4 shall leave a written notice thereof with the 

5 Clerk of such society he shall thereupon be 

6 no longer liable for any future expenses, 

7 which may be incurred by said society. 



Article <£igl)tJ). 

OF EDUCATION. 

1 § 1. The charter of Yale College, as modi- 

2 fled by agreement with the Corporation 

3 thereof, in pursuance of an act of the Gene- 

4 ral Assembly passed in May 1792, is hereby 

5 confirmed. 

1 § 2. The fund, called the School Fund, 

2 shall remain inviolably appropriated to the 



95 

3 support and encouragement of the public 

4 or common schools throughout this State, 

5 and for the equal benefit of all the people 

6 thereof. The value and amount of said 

7 fund, shall, as soon as practicable, be ascer- 

8 tained in such manner as the General As- 

9 sembly may prescribe, published & record- 

10 ed in the Comptroller's office; and no law 

1 1 shall ever be made, authorizing said fund 

12 to be diverted to any other use than the 

13 encouragement and support of public, or 

14 common schools, among the several 

15 school societies, as justice and equity shall 

16 require. 

%ttit\t $mt&. 
OF IMPEACHMENTS. 

1 § 1. The House of Representatives shall 

2 have the sole power of impeaching. 

1 § 2. All impeachments shall be tried by 

2 the Senate. When setting for that purpose 

3 they shall be on oath or affirmation. No 

4 person shall be convicted without the con- 

5 currence of two thirds of the members pre- 

6 sent. When the Governor is impeached, 

7 the Chief Justice shall preside. 

1 § 3. The Governor, and all other exec- 

2 utive, and judicial officers, shall be lia- 



96 

3 ble to impeachment ; but judgments in 

4 such cases shall not extend further than to 

5 removal from office, and disqualification to 

6 hold any office of honor, trust, or profit un- 

7 der this State. The party convicted shall 

8 nevertheless be liable, and subject to, in- 

9 dictment, trial, and punishment, according to 
io law. 

1 § 4. Treason against the State shall con- 

2 sist only in levying war against it, or adher- 

3 ing to its enemies, giving them aid and 

4 comfort. No person shall be convicted of 

5 Treason, unless on the testimony of two 

6 witnesses to the same overt act, or on con- 

7 fession in open court. No conviction of 

8 Treason, or attainder, shall work corruption 

9 of blood, or forfeiture. 

Article €cnt&. 
GENERAL PROVISIONS. 



1 ■ .§ l. Members of the General Assembly 

2 and all officers, executive and judicial, 

3 shall, before they enter on the duties of 

4 their respective offices, take the following 

5 oath or affirmation, to wit. 

6 1 do solemnly swear (or affirm as the 

7 case may be) that I will support the Con- 

8 stitution of the United States, and the Con- 



97 

g stitution of the State of Connecticut, so 

10 long as I continue a citizen thereof; and 

11 that I will faithfully discharge according 

12 to law, the duties of the office of 

13 to the best of my abilities. 

14 So help me God. 

1 § 2. Each town shall annually elect Se- 

2 lect-men, and such officers of local police, 

3 as the laws may prescribe. 

1 § 3. The rights and duties of all corpora- 

2 tions shall remain as if this Constitution 

3 had not been adopted. All officers, civil 

4 and military, shall continue to hold and ex- 

5 ercise their respective offices, until they 

6 shall be superseded by the General Assem- 

7 bly. All laws not contrary to, or inconsis- 

8 tent with, the provisions of this Constitu- 

9 tion, shall remain in force until they shall 

10 expire by their own limitation, or shall be 

1 1 altered or repealed, by the General As- 

12 sembly in pursuance of this Constitution. 

13 The validity of all bonds, debts, 

14 contracts, as well of individuals as of bod- 

15 ies corporate, or the State, of all suits or 

16 actions, civil, criminal, or penal, whether 

17 commenced or otherwise, both in law and 

18 equity, shall continue as if no change had 

19 taken place. 



9 8 

1 § 4. No member of Congress ; no per- 

2 son holding any office under the authority 

3 of the United States; no person holding 

4 the office of Treasurer, Secretary or Comp- 

5 troller of this State ; no Sheriff or Sheriff's 

6 Deputy, shall be a member of the Gene- 

7 ral Assembly. 

1 § 5. Every bill for a resolve, or public 

2 act, or application to the General Assem- 

3 bly for a gratuitous grant of money, shall 

4 be continued to the next stated session of 

5 the General Assembly. 

1 § 6. Captains and subalterns of the mili- 

2 tia, shall be chosen by those persons with- 

3 in their respective company districts, sub- 

4 ject to military duty, and when approved 

5 by the General Assembly, shall be com- 

6 missioned by the Governor. 

Article <£lcbcntf>. 



OF AMENDMENTS OF THE CON- 
STITUTION. 



1 § 1. Whenever a majority of the House 

2 of Representatives shall deem it necessary 

3 to alter, or amend, this Constitution, they 

4 may propose such alterations and amend- 

5 ments, which proposed amendments shall 



99 

6 be continued to the next General Assem- 

7 bly, and be published with the laws which 

8 may have been passed at the same session ; 

9 and if two thirds of each House at the next 

10 session of said Assembly, shall approve 

1 1 the amendments proposed, by yeas and 

12 nays, said amendments shall, by the Sec- 

13 retary, be transmitted to the Town Clerk 

14 in each town in this State, whose duty it 

15 shall be to present the same to the inhab- 

16 itants thereof for their consideration at a 

17 town meeting legally warned and held for 

18 that purpose. And if it shall appear, in a 

19 manner to be provided by law, that a ma- 

20 jority of the electors or freemen present at 

21 such meetings, shall have approved such 

22 amendments, the same shall be valid to 

23 all intents and purposes as a part of this 

24 Constitution. 



The 

Constitution of Connecticut. 



PREAMBLE. 



The people of Connecticut, acknowledging, with gratitude, 
the good providence of God, in having permitted them to en- 
joy a free government, do, in order more effectually to define, 
secure and perpetuate the liberties, rights, and privileges, 
which they have derived from their ancestors, hereby, after a 
careful consideration and revision, ordain and establish the 
following Constitution, and form of civil government. 

ARTICLE' I. 

DECLARATION OF RIGHTS. 

That the great and essential principles of liberty and free 
government may be recognized and established, 

Wt Declare, 

Section i. That all men, when they form a social com- 
pact, are equal in rights; and that no man, or set of men, are 
entitled to exclusive public emoluments, or privileges, from 
the community. 

Sect. 2. That all political power is inherent in the peo- 
ple, and all free governments are founded on their authority, 
and instituted for their benefit; and that they have, at all 
times, an undeniable and indefeasible right to alter their form 
of government, in such a manner as they may think expedi- 
ent. 



(Zi\02 THE CONSTITUTION 

Sect. 3. The exercise and enjoyment of religious profes- 
sion and worship, without discrimination, shall forever be 
free to all persons in this state; provided, that the right, 
hereby declared and established, shall not be so construed as 
to excuse acts of licentiousness, or to justify practices incon- 
sistent with the peace and safety of the state. 

Sect. 4. No preference shall be given by law to any Chris- 
tian sect or mode of worship. 

Sect. 5. Every citizen may freely speak, write, and pub- 
lish his sentiments on all subjects, being responsible for the 
abuse of that liberty. 

Sect. 6. No law shall ever be passed to curtail or restrain 
the liberty of speech or of the press. 

Sect. 7. In all prosecutions or indictments for libels, the 
truth may be given in evidence ; and the jury shall have the 
right to determine the law and the facts, under the direction 
of the court. 

Sect. 8. The people shall be secure in their persons, 
houses, papers, and possessions, from unreasonable searches 
or seizures; and no warrant to search any place, or to seize 
any person or things, shall issue, without describing them as 
nearly as may be, nor without probable cause, supported by 
oath or affirmation. 

Sect. 9. In all criminal prosecutions, the accused shall 
have a right to be heard by himself, and by counsel; to de- 
mand the nature and cause of the accusation; to be confronted 
by the witnesses against him; to have compulsory process to 
obtain witnesses in his favor; and in all prosecutions by in- 
dictment or information, a speedy public trial by an impartial 
jury. He shall not be compelled to give evidence against him- 
self, nor be deprived of life, liberty, or property, but by due 
course of law. And no person shall be holden to answer for 
any crime, the punishment of which may be death or impris- 
onment for life, unless on a presentment or an indictment of 
a grand jury; except in the land or naval forces, or in the 



OF CONNECTICUT. lQ - 

militia, when in actual service, in time of war, or public dan- 
ger. 

Sect. io. No person shall be arrested, detained, or pun- 
ished, except in cases clearly warranted by law. 

Sect. ii. The property of no person shall be taken for 
public use, without just compensation therefor. 

Sect. 12. All courts shall be open, and every person, for 
an injury done him in his person, property, or reputation, 
shall have remedy by due course of law, and right and justice 
administered, without sale, denial, or delay. 

Sect. 13. Excessive bail shall not be required, nor exces- 
sive fines imposed. 

Sect. 14. All prisoners shall, before conviction, be baila- 
ble, by sufficient sureties, except for capital offences where 
the proof is evident, or the presumption great; and the priv- 
ileges of the writ of habeas corpus shall not be suspended, 
unless when in case of rebellion or invasion, the public safety 
may require it; nor in any case but by the legislature. 

Sect. 15. No person shall be attainted of treason or fel- 
ony by the legislature. 

Sect. 16. The citizens have a right, in a peaceable man- 
ner, to assemble for their common good, and to apply to those 
invested with the powers of government, for redress of griev- 
ances, or other proper purposes, by petition, address, or re- 
monstrance. 

Sect. 17. Every citizen has a right to bear arms in defence 
of himself and the state. 

Sect. 18. The military shall, in all cases, and at all times, 
be in strict subordination to the civil power. 

Sect. 19. No soldier shall, in time of peace, be quartered 
in any house, without the consent of the owner; nor in time 
of war, but in a manner to be prescribed by law. 

Sect. 20. No hereditary emoluments, privileges, or hon- 
ors, shall ever be granted, or conferred, in this state. 

Sect. 21. The right of trial by jury shall remain invio- 
late. 



IC 4 THE CONSTITUTION 

ARTICLE II. 

OF THE DISTRIBUTION OF POWERS. 

The powers of government shall be divided into three dis- 
tinct departments, and each of them confided to a separate 
magistracy, to wit: those which are legislative, to one; those 
which are executive, to another; and those which are judicial, 
to another. 

ARTICLE III. 

OF THE LEGISLATIVE DEPARTMENT. 

Sect. i. The legislative power of this state shall be vested 
in two distinct houses, or branches ; the one to be styled The 
Senate, the other The House of Representatives, and 
both together THE GENERAL ASSEMBLY. The style 
of their laws shall be, Be it enacted by the Senate and House 
of Representatives, in General Assembly convened. 

Sect. 2. There shall be one stated session of the general 
assembly, to be holden in each year, alternately at Hartford 
and New Haven, on the first Wednesday of May, and at such 
other times as the general assembly shall judge necessary; 
the first session to be holden at Hartford; but the person, ad- 
ministering the office of governor, may, on special emergen- 
cies, convene the general assembly at either of said places, at 
any other time. And in case of danger from the prevalence 
of contagious diseases, in either of said places, or other cir- 
cumstances, the person administering the office of governor 
may, by proclamation, convene said assembly at any other 
place in this state. 

Sect. 3. The house of representatives shall consist of 
electors residing in towns from which they are elected. The 
number of representatives from each town shall be the same 
as at present practiced and allowed. In case a new town shall 
hereafter be incorporated, such new town shall be entitled to 
one representative only; and if such new town shall be made 
from one or more towns, the town or towns, from which the 



OF CONNECTICUT. ]Q * 

same shall be made, shall be entitled to the same number of 
representatives as at present allowed, unless the number shall 
be reduced by the consent of such town or towns. 

Sect. 4. The Senate shall consist of twelve members, to 
be chosen annually by the electors. 

Sect. 5. At the meetings of the electors, held in the sev- 
eral towns in this state, in April annually, after the election 
of representatives, the electors present shall be called upon to 
bring in their written ballots for senators. The presiding offi- 
cer shall receive the votes of the electors, and count and de- 
clare them in open meeting. The presiding officer shall also 
make duplicate lists of the persons voted for, and of the num- 
ber of votes for each, which shall be certified by the presiding 
officer; one of which lists shall be delivered to the town clerk, 
and the other, within ten days after said meeting, shall be de- 
livered, under seal, either to the secretary, or to the sheriff 
of the county in which said town is situated; which list shall 
be directed to the secretary, with a superscription expressing 
the purport of the contents thereof. And each sheriff, who 
shall receive such votes, shall, within fifteen days after said 
meeting, deliver, or cause them to be delivered, to the secre- 
tary. 

Sect. 6. The treasurer, secretary, and comptroller, for the 
time being, shall canvass the votes publicly. The twelve per- 
sons, having the greatest number of votes for senators, shall 
be declared to be elected. But in cases where no choice is 
made by the electors, in consequence of an equality of votes, 
the house of representatives shall designate, by ballot, which 
of the candidates having such equal number of votes, shall 
be declared to be elected. The return of votes, and the result 
of the canvass, shall be submitted to the house of representa- 
tives, and also to the senate, on the first day of the session 
of the general assembly; and each house shall be the final 
judge of the election returns and qualifications of its own 
members. 

Sect. 7. The house of representatives, when assembled, 



I0 6 THE CONSTITUTION 

shall choose a speaker, clerk, and other officers. The senate 
shall choose its clerk, and other officers, except the president. 
A majority of each house shall constitute a quorum to do bus- 
iness; but a smaller number may adjourn from day to day, 
and compel the attendance of absent members, in such man- 
ner, and under such penalties, as each house may prescribe. 

Sect. 8. Each house shall determine the rules of its own 
proceedings, punish members for disorderly conduct, and, with 
the consent of two-thirds, expel a member, but not a second 
time for the same cause; and shall have all other powers nec- 
essary for a branch of the legislature of a free and independ- 
ent state. 

Sect. 9. Each house shall keep a journal of its proceed- 
ings, and publish the same, when required by one-fifth of its 
members, except such parts as, in the judgment of a majority, 
require secrecy. The yeas and nays of the members of either 
house shall, at the desire of one-fifth of those present, be en- 
tered on the journals. 

Sect. 10. The senators and representatives shall, in all 
cases of civil process, be privileged from arrest, during the 
session of the general assembly, and for four days before the 
commencement, and after the termination, of any session 
thereof. And for any speech or debate, in either house, they 
shall not be questioned in any other place. 

Sect. ii. The debates of each house shall be public, ex- 
cept on such occasions as, in the opinion of the house, may 

require secrecy. 

ARTICLE IV. 

OF THE EXECUTIVE DEPARTMENT. 

Sect. i. The supreme executive power of the state shall 
be vested in a governor, who shall be chosen by the electors 
of the state, and shall hold his office for one year from the 
first Wednesday of May next succeeding his election, and un- 
til his successor be duly qualified. No person who is not an 
elector of this state, and who has not arrived at the age of 
thirty years, shall be eligible. 



OF CONNECTICUT. IO _ 

Sect. 2. At the meetings of the electors in the respective 
towns, in the month of April in each year, immediately after 
the election of senators, the presiding officers shall call upon 
the electors to bring in their ballots for him whom they would 
elect to be governor, with his name fairly written. When 
such ballots shall have been received and counted, in the 
presence of the electors, duplicate lists of the persons voted 
for, and of the number of votes given for each, shall be made 
and certified by the presiding officer; one of which lists shall 
be deposited in the office of the town clerk, within three days, 
and the other within ten days, after said election, shall be 
transmitted to the secretary, or to the sheriff of the county 
in which such election shall have been held. The sheriff, 
receiving said votes, shall deliver, or cause them to be deliv- 
ered, to the secretary, within fifteen days next after said elec- 
tion. The votes so returned shall be counted by the treasurer, 
secretary, and comptroller, within the month of April. A 
fair list of the persons, and number of votes given for each, 
together with the returns of the presiding officers, shall be, 
by the treasurer, secretary, and comptroller, made and laid 
before the general assembly, then next to be holden, on the 
first day of the session thereof; and said assembly shall, after 
examination of the same, declare the person whom they shall 
find to be legally chosen, and give him notice accordingly. If 
no person shall have a majority of the whole number of said 
votes, or if two or more shall have an equal and the greatest 
number of said votes, then said assembly, on the second day 
of their session, by joint ballot of both houses, shall proceed, 
without debate, to choose a governor from a list of the names 
of the two persons having the greatest number of votes, or of 
the names of the persons having an equal and highest num- 
ber of votes, so returned as aforesaid. The general assembly 
shall, by law, prescribe the manner in which all questions 
concerning the election of governor, or lieutenant-governor, 
shall be determined. 

Sect. 3. At the annual meetings of the electors, immedi- 
ately after the election of governor, there shall also be cho- 



I0 3 THE CONSTITUTION 

sen, in the same manner as is herein before provided for the 
election of governor, a lieutenant-governor, who shall continue 
in office for the same time, and possess the same qualifica- 
tions. 

Sect. 4. The compensations of the governor, lieutenant- 
governor, senators, and representatives, shall be established 
by law, and shall not be varied so as to take effect until after 
an election which shall next succeed the passage of the law 
establishing said compensations. 

Sect. 5. The governor shall be captain-general of the mil- 
itia of the state, except when called into the service of the 
United States. 

Sect. 6. He may require information, in writing, from the 
officers in the executive department, on any subject relating 
to the duties of their respective offices. 

Sect. 7. The governor, in case of a disagreement between 
the two houses of the general assembly, respecting the time 
of adjournment, may adjourn them to such time as he shall 
think proper, not beyond the day of the next stated session. 

Sect. 8. He shall, from time to time, give to the general 
assembly information of the state of the government, and 
recommend to their consideration such measures as he shall 
deem expedient. 

Sect. 9. He shall take care that the laws be faithfully ex- 
ecuted. 

Sect. 10. The governor shall have power to grant re- 
prieves, after conviction, in all cases, except those of impeach- 
ment, until the end of the next session of the general assembly, 
and no longer. 

Sect. ii. All commissions shall be in the name, and by 
authority of, the State of Connecticut; shall be sealed with 
the state seal, signed by the governor, and attested by the 
secretary. 

Sect. 12. Every bill, which shall have passed both houses 
of the general assembly, shall be presented to the governor. 
If he approves, he shall sign and transmit it to the secretary: 
but if not, he shall return it to the house in which it originated. 



OF CONNECTICUT. lQq 

with his objections, which shall be entered on the journals of 
the house, who shall proceed to reconsider the bill. If, after 
such reconsideration, that house shall again pass it, it shall 
be sent, with the objections, to the other house, which shall 
also reconsider it. If approved, it shall become a law. But 
in such cases, the votes of both houses shall be determined 
by yeas and nays; and the names of the members, voting for 
and against the bill, shall be entered on the journals of each 
house respectively. If the bill shall not be returned by the 
governor within three days, (Sundays excepted,) after it shall 
have been presented to him, the same shall be law, in like 
manner as if he had signed it: unless the general assembly, 
by their adjournment, prevent its return, in which case it 
shall not be a law. 

Sect. 13. The lieutenant-governor shall, by virtue of his 
office, be president of the senate, and have, when in commit- 
tee of the whole, a right to debate, and when the senate is 
equally divided, to give the casting vote. 

Sect. 14. In case of the death, resignation, refusal to 
serve, or removal from office, of the governor, or of his im- 
peachment, or absence from the state, the lieutenant-governor 
shall exercise the powers and authority appertaining to the 
office of governor, until another be chosen at the next period- 
ical election for governor, and be duly qualified ; or until the 
governor, impeached or absent, shall be acquitted or return. 
Sect. 15. When the government shall be administered by 
the lieutenant-governor, or he shall be unable to attend as 
president of the senate, the senate shall elect one of their 
members as president, pro tempore. And if, during the vacancy 
of the office of governor, the lieutenant-governor shall die, 
resign, refuse to serve, or be removed from office, or if he 
shall be impeached, or absent from the state, the president of 
the senate, pro tempore, shall, in like manner, administer the 
government, until he be superseded by a governor or lieuten- 
ant-governor. 

Sect. 16. If the lieutenant-governor shall be required to 
administer the government, and shall, while in such adminis- 



IIO THE CONSTITUTION 

tration, die, or resign, during the recess of the general assem- 
bly, it shall be the duty of the secretary, for the time being. 
to convene the senate for the purpose of choosing a president 
pro tempore. 

Sect. 17. A treasurer shall annually be chosen by the 
electors, at their meeting in April; and the votes shall be 
returned, counted, canvassed, and declared, in the same man- 
ner as is provided for the election of governor and lieutenant- 
governor; but the votes for treasurer shall be canvassed by 
the secretary and comptroller only. He shall receive all mon- 
eys belonging to the state, and disburse the same only as he 
may be directed by law. He shall pay no warrant, or order, 
for the disbursement of public money, until the same has been 
registered in the office of the comptroller. 

Sect. 18. A secretary shall be chosen next after the treas- 
urer, and in the same manner; and the votes for secretary 
shall be returned to, and counted, canvassed, and declared, 
by the treasurer and comptroller. He shall have the safe 
keeping and custody of the public records and documents, 
and particularly, of the acts, resolutions, and orders, of the 
general assembly, and record the same; and perform all such 
duties as shall be prescribed by law. He shall be the keeper 
of the seal of the state, which shall not be altered. 

Sect. 19. A comptroller of the public accounts shall be 
annually appointed, by the general assembly. He shall adjust 
and settle all public accounts and demands, except grants and 
orders of the general assembly. He shall prescribe the mode 
of keeping, and rendering, all public accounts. He shall, ex 
officio, be one of the auditors of the accounts of the treasurer. 
The general assembly may assign to him other duties, in rela- 
tion to his office, and to that of the treasurer, and shall pre- 
scribe the manner in which his duties shall be performed. 

Sect. 20. A sheriff shall be appointed in each county by 
the general assembly, who shall hold his office for three vear<. 
removable by said assembly, and shall become bound, with 
sufficient sureties, to the treasurer of the state, for the faith- 
ful discharge of the duties of his office, in such manner as 



OF CONNECTICUT. 

shall be prescribed by law. In case the sheriff of any county 
shall die, or resign, the governor may fill the vacancy occa- 
sioned thereby, until the same shall be filled by the general 
assembly. 

Sect. 21. A statement of all receipts, payments, funds, 
and debts of the state, shall be published from time to time, 
in such manner, and at such periods, as shall be prescribed 
by law. 

ARTICLE V. 

OF THE JUDICIARY DEPARTMENT. 

Sect. i. The judicial power of the state shall be vested in 
a supreme court of errors, a superior court, and such infe- 
rior courts as the general assembly shall, from time to time, 
ordain and establish: the powers and jurisdiction of which 
courts shall be defined by law. 

Sect. 2. There shall be appointed, in each county, a suf- 
ficient number of justices of the peace, with such jurisdiction 
in civil and criminal cases as the general assembly may pre- 
scribe. 

Sect. 3. The judges of the supreme court of errors, of 
the superior and inferior courts, and all justices of the peace, 
shall be appointed by the general assembly, in such manner 
as shall by law be prescribed. The judges of the supreme 
court, and of the superior court, shall hold their offices dur- 
ing good behavior; but may be removed by impeachment; 
and the governor shall also remove them, on the address of 
two-thirds of the members of each he use of the general assem- 
bly; all other judges and justices of the peace shall be ap- 
pointed annually. No judge or justice of the peace shall be 
capable of holding his office after he shall arrive at the age of 
seventy years. 

ARTICLE VI. 

OF THE QUALIFICATIONS OF ELECTORS. 

Sect. i. All persons who have been, or shall hereafter, 
previous to the ratification of this constitution, be admitted 
freemen, according to the existing laws of this state, shall be 
electors. 



II2 THE CONSTITUTION 

Sect. 2. Every white male citizen of the United States, 
who shall have gained a settlement in this state, attained the 
age of twenty-one years, and resided in the town in which he 
may offer himself to be admitted to the privilege of an elec- 
tor, at least six months preceding; and have a freehold estate 
of the yearly value of seven dollars in this state; cr having 
been enrolled in the militia, shall have performed military 
duty therein, for the term of one year next preceding the 
time he shall offer himself for admission, or beinsr liable 
thereto, shall have been, by authority of law, excused there- 
from; or shall have paid a state tax within the year next pre- 
ceding the time he shall present himself for such admission; 
and shall sustain a good moral character, shall, on his taking 
such oath as may be prescribed by law, be an elector. 

Sect. 3. The privileges of an lector shall be forfeited, by 
a conviction of bribery, forgery, perjury, duelling, fraudulent 
bankruptcy, iheft, or other offence for which an infamous pun- 
ishment is inflicted. 

Sect. 4. Every elector shall be eligible to any office in 
this state, except in cases provided for in this constitution. 

Sect. 5. The selectmen, and town clerk, of the several 
towns, shall decide on the qualifications of electors, at such 
times, and in such manner as may be prescribed by law. 

Sect. 6. Laws shall be made to support the privilege of 
free suffrage, prescribing the manner of regulating and con- 
ducting meetings of the electors, and prohibiting, under ade- 
quate penalties, all undue influence therein, from power, brib- 
ery, tumult, and other improper conduct. 

Sect. 7. In all elections of officers of the state, or mem- 
bers of the general assembly, the votes of the electors shall be 
by ballot. 

Sect. 8. At all the elections of officers of the state, or 
members of the general assembly, the electors shall be privi- 
leged from arrest, during their attendance upon, and going to, 
and returning from the same, on any civil process. 

Sect. 9. The meetings of the electors for the election of 
the several state officers, by law annually to be elected, and 



OF CONNECTICUT. n - 

members of the general assembly of this state, shall be holden 
on the first Monday of April in each year. 

ARTICLE VII. 

OF RELIGION. 

Sect. i. It being the duty of all men to worship the Su- 
preme Being, the Great Creator and Preserver of the Uni- 
verse, and their right to render that worship in the mode most 
consistent with the dictates of their consciences; no person 
shall, by law, be compelled to join or support, nor be classed 
with, or associated to, any congregation, church, or religious 
association. But every person now belonging to such congre- 
gation, church, or religious association, shall remain a member 
thereof, until he shall have separated himself therefrom, in 
the manner hereinafter provided. And each and every society 
or denomination of Christians, in this state, shall have and 
enjoy the same and equal powers, rights, and privileges; and 
shall have power and authority to support and maintain the 
ministers or teachers of their respective denominations, and 
to build and repair houses for public worship, by a tax on the 
members of any such society only, to be laid by a major vote 
of the legal voters assembled at any society meeting, warned 
and held according to law, or in any other manner. 

Sect. 2. If any person shall choose to separate himself 

from the society or denomination of Christians to which he 

may belong, and shall leave a written notice thereof with the 

clerk of such society, he shall thereupon be no longer liable 

for any future expenses which may be incurred by said 

society. 

ARTICLE VIII. 

OF EDUCATION. 

Sect. i. The Charter of Yale College, as modified by 

agreement with the corporation thereof, in pursuance of an 

act of the general assembly, passed in May, 1792, is hereby 

confirmed. 
Sect. 2. The fund, called the School Fund, shall remain 
8 



II4 THE CONSTITUTION 

a perpetual fund, the interest of which shall be inviolably 
appropriated to the support and encouragement of the public, 
or common schools, throughout the state, and for the equal 
benefit of all the people thereof. The value and amount of 
said fund shall, as soon as practicable, be ascertained, in such 
manner as the general assembly may prescribe, published, and 
recorded in the comptroller's office ; and no law shall ever be 
made, authorizing said fund to be diverted to any other use 
than the encouragement and support of public, or common 
schools, among the several school societies, as justice and 
equity shall require. 

ARTICLE IX. 

OF IMPEACHMENTS. 

Sect. i. The house of representatives shall have the sole 
power of impeaching. 

Sect. 2. All impeachments shall be tried by the senate. 
When sitting for that purpose, they shall be on oath or affirm- 
ation. No person shall be convicted, without the concurrence 
of two-thirds of the members present. When the governor 
is impeached, the chief justice shall preside. 

Sect. 3. The governor, and all other executive and judi- 
cial officers, shall be liable to impeachment; but judgments 
in such cases shall not extend further than to removal from 
office, and disqualification to hold any office of honor, trust or 
profit under this state. The party convicted shall, neverthe- 
less, be liable and subject to indictment, trial, and punish- 
ment, according to law. 

Sect. 4. Treason against the state shall consist only in 
levying war against it, or adhering to its enemies, giving them 
aid and comfort. No person shall be convicted of treason, 
unless on the testimony of two witnesses to the same overt 
act, or on confession in open court. No conviction of treason. 
or attainder, shall work corruption of blood, or forfeiture. 

ARTICLE X. 
GENERAL provisions. 
Sect. i. Members of the general assembly, and all offi- 
cers, executive and judicial, shall, before they enter on the 



OF CONNECTICUT. jjj 

duties of their respective offices, take the following oath or 
affirmation, to wit: 

You do solemnly swear, (or affirm, as the case may be,) 
that you will support the constitution of the United States, 
and the constitution of the state of Connecticut, so long as 
you continue a citizen thereof; and that you will faithfully 
discharge, according to law, the duties of the office of 
to the best of your abilities. So help you God. 

Sect. 2. Each town shall, annually, elect selectmen, and 
such officers of local police, as the laws may prescribe. 

Sect. 3. The rights and duties of all corporations shall 
remain as if this constitution had not been adopted, with the 
exception of such regulations and restrictions as are contained 
in this constitution. All judicial and civil officers now in 
office, who have been appointed by the general assembly, and 
commissioned according to law, and all such officers as shall 
be appointed by the said assembly, and commissioned as afore- 
said, before the first Wednesday of May next, shall con- 
tinue to hold their offices until the first day of June next, 
unless they shall, before that time, resign, or be removed from 
office according to law. The treasurer and secretary shall 
continue in office until a treasurer and secretary shall be ap- 
pointed under this constitution. All military officers shall 
continue to hold and exercise their respective offices, until 
they shall resign, or be removed according to law. All laws 
not contrary to, or inconsistent with, the provisions of this 
constitution, shall remain in force, until they shall expire by 
their own limitation, or shall be altered or repealed by the 
general assembly, in pursuance of this constitution. The 
validity of all bonds, debts, contracts, as well of individuals 
as of bodies corporate, or the state, of all suits, actions, or 
rights of action, both in law and equity, shall continue as if 
no change had taken place. The governor, lieutenant-gov- 
ernor, and general assembly which is to be formed in October 
next, shall have, and possess, all the powers and authorities 
not repugnant to, or inconsistent with this constitution, which 



Il6 THE CONSTITUTION 

they now have and possess, until the first Wednesday of May 
next. 

Sect. 4. No judge of the superior court, and of the su- 
preme court of errors; no member of congress; no person 
holding any office under the authority of the United States; 
no person holding the office of treasurer, secretary, or comp- 
troller; no sheriff, or sheriff's deputy, shall be a member of 
the general assembly. 

ARTICLE XL 

OF AMENDMENTS OF THE CONSTITUTION. 

Whenever a majority of the house of representatives shall 
deem it necessary to alter or amend this constitution, the) 
may propose such alteration and amendments; which pro- 
posed amendments shall be continued to the next general 
assembly, and be published with the laws which may have 
been passed at the same session; and if two-thirds of each 
house, at the next session of said assembly, shall approve the 
amendments proposed, by yeas and nays, said amendment 
shall, by the secretary, be transmitted to the town clerk in 
each town in the state; whose duty it shall be to present the 
same to the inhabitants thereof, for their consideration, at a 
town meeting, legally warned and held for that purpose; and 
if it shall appear, in manner to be provided by law, that a 
majority of the electors, present at such meetings, shall have 
approved such amendments, the same shall be valid, to all 
intents and purposes, as a part of this constitution. 

Done in Convention, on the fifteenth day of September, in 

the year of our Lord, one thousand eight hundred and 

eighteen, and of the Independence of the United States the 

forty-third. 

By order of the Convention, 

OLIVER WOLCOTT, President. 



James L an man, 
Robert Fairchild, 



..} 



Votes of Towns on the Ratification of the 
Constitution. 

From the Official Returns. 



I 


YEAS. 


NAYS. 




YEAS. 


NAYS. 


Hartford, 


374 


547 


Lisbon, 


68 


84 


( Berlin, 


249 


151 


Lyme, 


148 


129 


Bristol, 


95 


105 


Montville, 


117 


44 


Burlington, 


No returns. 


North Stonington, 


168 


18 


Canton, 


37 


125 


Preston, 


147 


8 


East Hartford, 


190 


166 


Stonington, 


158 


16 


East Windsor, 


144 


249 


Waterford, 


72 


3 


Enfield, 


83 


141 












Farmington, 


75 


280 




1,740 


792 


Glastonbury, 


122 


57 








Granby, 


132 


175 


Fairfield, 


118 


54 


Hartland, 


70 


92 


Danbury, 


, 227 


72 


Marlborough, 


11 


67 


Brookfield, 


104 


71 


Simsbury, 


in 


116 


Greenwich, 


90 


37 


Southington, 


102 


154 


Huntington, 


115 


99 


Suffield, 


211 


45 


New Canaan, 


31 


95 


Wethersfield, 


79 


232 


New Fairfield, 


58 


27 


Windsor, 


149 


141 


Newtown, 


150 


67 








Norwalk, 
Redding, 


in 

13S 


21 
9i 




2,234 


2,843 








Ridgefield, 


169 


108 


New Haven, 


430 


218 


Sherman, 


55 


36 


Branford, 


163 


151 


Stamford, 


107 


5i 


Cheshire, 


201 


29 


Stratford, 


154 


17 


Derby, 


96 


62 


Trumbull, 


14 


93 


East Haven, 


41 


75 


Weston, 


79 


35 


Guilford, 


159 


255 


Wilton, 


116 


45 


Hamden, 


141 


38 












Meriden, 


89 


60 




1,836 


1,019 


Middlebury, 


23 


76 








Milford, 


89 


177 


Windham, 


182 


127 


North Haven, 


89 


43 


Ashford, 


189 


161 


Oxford, 


167 


13 


Brooklyn, 


103 


42 


Southbury, 


103 


63 


Canterbury, 


69 


161 


Wallingford, 


255 


14 


Columbia, 


62 


65 


Waterbury, 


191 


103 


Hampton, 


89 


120 


Wolcott, 


62 


42 


Killingly, 


177 


144 


Woodbridge, 


86 


153 


Lebanon, 


86 


1^2 








Mansfield, 
Plainfield, 


210 

IOI 


87 




2,3S5 


1,572 








Pom tret, 


9i 


116 


New London, 


150 


30 


Sterling, 


58 


44 


Norwich, 


194 


74 


Thompson, 


174 


95 


Bozrah, 


39 


24 


Voluntown, 


53 


32 


Colchester, 


63 


160 


Woodstock, 


133 


147 


Franklin, 
Griswold, 


38 

95 


80 
122 










1,777 


1,671 


Groton, 


283 












ti8 





YEAS. 


NAYS. 


Litchfield, 


282 


282 


Barkhamsted, 


89 


107 


Bethlem, 


25 


100 


Canaan, 


144 


131 


Colcbrook, 


97 


90 


Cornwall, 


87 


98 


Goshen, 


95 


87 


Harwinton, 


4i 


140 


Kent, 


65 


98 


New Hartford, 


34 


156 


New Milford, 


219 


196 


Norfolk, 


28 


157 


Plymouth, 


103 


145 


Roxbury, 


65 


82 


Salisbury, 


146 


63 


Sharon, 


109 


139 


Torrington, 


7i 


127 


Warren, 


34 


74 


Washington, 


88 


151 


Watertown, 


58 


120 


Winchester, 


59 


106 


Woodbury, 


88 


130 




2,027 


2,779 


Middletown, 


256 


125 


Chatham, 


184 


59 


Durham, 


82 


74 


East Haddam, 


81 


135 


Haddam, 


IOI 


63 


Killingworth, 


166 


127 


Saybrook, 


181 


203 



1,051 



786 



Tolland, 

Bolton, 

Coventry, 

Ellington, 

Hebron, 

Somers, 

Stafford, 

Union, 

Vernon, 

Willington, 



YEAS. 


NAYS. 


124 


87 


53 


62 


153 


164 


4i 


93 


164 


80 


21 


118 


167 


104 


45 


38 


n 


08 


89 


58 





868 


902 


RECAPITULATION. 




Hartford Co., 


2,234 


2,843 


New Haven Co., 


2,385 


1,5/2 


New London Co., 


1.740 


792 


Fairfield Co., 


1,836 


1,019 


Windham Co., 


1,777 


1,671 


Litchfield Co., 


2,027 


2,779 


Middlesex Co., 


1. -05 1 


786 


Tolland Co., 


868 


902 




I3,9i8 


12,364 


». 


12,364 





Majority. 



i,554 



At a General Assembly of the State of Co7inecti- 
cut, holden at New Haven, in said State, on 
the second Thursday of October in the year of 
our Lord one thousand eight hundred a?id 
eighteen: 

Resolved, That the Honorable Jonathan Brace, Frederick 
Wolcott, Elias Perkins, William Bristol, Elijah Boardman, 
David Tomlinson, Sylvester Wells, John S. Peters, James 
Lanman, Enoch Burrows, and Peter Webb, with Messrs. 
Russ, Terry, Hitchcock, Todd, Coit, Denison, Plant, Birch, 
Fox, Allen, Merwin, Pettibone, Goodrich, Hungerford, 
Young, and White, be a committee to count the votes of the 
qualified voters in the several towns in this State, transmitted 
to this Assembly on the question of ratifying the Constitution 
of civil government submitted to them by the Convention of 
Delegates assembled on the fourth Wednesday of August last, 
and make their report thereon. 

To the Honorable General Assembly of the State of Connecticut, 
now in session: 

The committee to whom was referred the subject of count- 
ing the votes of the qualified voters in the several towns in 
this State, transmitted to the Assembly on the question oi 
ratifying the Constitution of civil government, report : 

That they have attended to the duty assigned them, and 
find that the whole number of votes returned and counted are 
twenty-six thousand two hundred and eighty-two : of which 
there are in favor of ratifying the Constitution, thirteen 
thousand nine hundred and eighteen, and twelve thousand 
three hundred and sixty-four votes against the ratification of 



120 



the Constitution* No votes were returned to this Assembly 
from the town of Burlington. 

Which is respectfully submitted, per order, 

JONATHAN BRACE. 



Whereas by the returns of votes made to this Assembly, in 
pursuance of a resolve of the General Assembly, passed at 
their session in May last, it appears that the Constitution of 
civil government framed by the Convention held at Hartford 
on the fourth Wednesday of August last, has been ratified and 
approved by the people of this State: 

Resolved by this Assembly, That his Excellency the Gover- 
nor be, and he is hereby, requested to issue his Proclamation, 
declaring that said Constitution has been duly ratified agree- 
able to the direction of said Convention, and is to be and re- 
main the Supreme Law of this State. 

Resolved, That the Secretary be directed to cause that the 
Constitution of civil government adopted by the people of this 
State be engrossed upon parchment, and enrolled, with the 
State seal affixed thereto, and deposited in the office of the 
Secretary of this State ; and that he enter the said Constitu- 
tion at large, in the records of this State. 



121 

By his Excellency 
OLIVER WOLCOTT, 

Governor and Commander in Chief in and over the State of 

Connecticut. 

A PROCLAMATION. 

Whereas the General Assembly of this State have, during tlieir 

present session, passed a Resolution in the following words, 

vis: 

" Whereas by returns of votes made to this Assembly, in 
pursuance of a Resolve of the General Assembly, passed at 
their session in May last, it appears that the Constitution of 
civil government framed by the Convention held at Hart- 
ford on the fourth Wednesday of August last, has been rati- 
i fied and approved by the people of this State : 

Resolved by this Assembly, That his Excellency the Gover- 
nor be, and he is hereby, requested to issue his Proclamation, 
declaring that said Constitution has been duly ratified agree- 
able to the direction of said convention, and is to be and re- 
main the supreme law of this State." 

Therefore, in pursuance of said Resolution, I do now issue 
this my Proclamation, and do hereby declare that the Consti- 
tution of civil government for the People of the State of Con- 
necticut, framed by a Convention of their Delegates at Hart- 
ford, and published on the fifteenth day of September last, has 
been duly approved and ratified, and is henceforth to be ob- 
served by all persons whom it doth or may concern, as the 
Supreme Law of this State. 

In testimony whereof, I have hereunto set my hand, and 

caused the seal of the State to be affixed, at the Council 

Chamber in New Haven, this twelfth day of October, in the 

year of our Lord one thousand eight hundred and eighteen. 

and of the Independence of the United States of America the 

forty-third. 

OLIVER WOLCOTT. 

By his Excellency's Command, 

Thomas Day, Secretary. 



'•'"■'• 

"O ..<^1 




,o 



JliS 



0\N the Constitutions of 

Connecticut and on ICfje 

Constitutional Contention of i 8 i 8 

By I. HAMMOND TRUMBULL 





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Printed by Order of the Comptroller 1901 



HISTORICAL .NOTES 

ON 

Tbe Constitutions of 




1639 - 1818 



PARTICULARLY 

On the Origin and Progress of the Movement 
which resulted in the Convention of 1818 
and the Adoption of the Present Constitution 



By J. Hammond Trumbull 



HJRTFORD: 

Printed by Order of the Comptroller 
1901 



31 2043 



riARTFORD PRESS ! 
T^E.CASE, LOCKWOOD & BRAINARD COMPANV 




State of Connecticut, 

Comptroller's Office, 

Hartford, December, 1901. 

The Historical Notes on the Constitutions of Con- 
necticut, published in 1873 by the late J. Hammond 
Trumbull, LL.D., recognized as - an authority and an 
invaluable help to the clear understanding of the history 
of our existing Constitution, is now out of print. 

By the kind permission of the family of the late 
historian, I am enabled to publish this edition, realizing 
its value at this time, on the eve of the Constitutional 
Convention of 1902. 

A. CHAMBERLAIN, 

Comptroller. 



Publication No. 2 

Connecticut Constitutions 

Series 




T 



1 HE following historical sketch was written, some twelve 
years ago, by way of introduction to a projected edition 
of the Constitution of 1818, with the Journal of the Con- 
vention by which it was formed, extracts from the Debates re- 
ported in the newspapers of the time, and notes showing the 
origin and authorship of the several sections, the intent of the 
framers, and something of the secret history of particular pro- 
visions and of the motives which influenced individual members 
of the Convention to advocate or to oppose their incorporation 
with the constitution. The work was laid aside, till I should 
have leisure — which now it seems unlikely that I shall ever 
find — to revise and complete it. The fact that the Journal of 
the Convention has just been printed by order of the General 
Assembly, and the interest which is even-where manifested in 
the proposition to call another convention to amend the present 
constitution or to frame a new one, may perhaps serve as an 
apology for the publication of this sketch, unfinished and im- 
perfect as it is. 

J. H. T. 
Hartford, Conn., July 1st, 1873. 



Historical Notes on the Consti- 
tutions ^/Connecticut, 1639-1818 



"^ HE constitutional history of Connecticut properly 
begins with the adoption, on the fourteenth of 
January, 1638-39, of the " Fundamental Orders," 
by which " the inhabitants and residents of Wind- 
sor, Hartford, and Wethersfield " became " asso- 
ciated and conjoined to be as one Public State or Common- 
wealth," for the establishment of " an orderly and decent gov- 
ernment, according to God, to order and dispose of the affairs 
of the people at all seasons as occasion shall require." 1 

At the first settlement of the colony a provisional government 
had been instituted, under a commission from the General Court 
of Massachusetts (March 3, 1636), to eight of the persons who 
" had resolved to transplant themselves and their estates unto 
the River Connecticut ": 2 "that commission taking rise from 
the desire of the people that removed, who judged it incon- 
venient to go away without any frame of government, — not 
from any claim of the Massachusetts of jurisdiction over them 
by virtue of Patent." 3 It was, in fact, an agreement, ratified in 
the presence of the Massachusetts general court, between the 
founders of Connecticut and the representatives of the Earl of 
Warwick's grantees, who, as the instrument sets forth, had 
" sometime engaged themselves and their estates in the planting 
of the river of Connecticut," and had already made a beginning 
at Saybrook. " That some present government may be ob- 
served," Roger Ludlow, William Pynchon, John Steele, William 

a Conn. Records, i. 20-25. * Mass. Records, i. 170. 

•Records of Comm'rs of N. England; Hazard, ii. 119 (corrected by 
MS. Record). 



fk 8 BEGINNINGS OF GOVERNMENT. 

1/ 

Swaine, Henry Smith, William Phelps, William Westwood, and 
Andrew Ward, — two from each of the plantations afterwards 
named Windsor, Hartford, Wethersfield, and Springfield, — 
were authorized to hold courts for the trial of civil causes, to 
punish offenders, and to make orders " for the peaceable and 
quiet ordering the affairs of the said plantations." But it was 
expressly provided " that this commission shall not extend any 
longer time than one year from the date thereof." 

The first "General Court" — in which the river towns were 
represented by their " committees " — was held on the first day 
of May, 1637. 4 No reference to the election of magistrates or 
committees appears on the records until the following year, when 
at the close of the session of February 9th, it was 

" Ordered that the general court now in being shall be dis- 
solved, and there is no more attendance of the members thereof 
to be expected except they be neivly chosen in the next general 
court." 5 

There are records of two sessions of the general court, March 
8th and April 5th, 1638, in both of which the names of Mr. 
Pynchon and Mr. Smith of Springfield (Agawam) appear in the 
roll of magistrates present. 6 In the April court that plantation 
was represented also by " committees." A letter of the Rev. 
Thomas Hooker, written in the autumn of 1638, supplies an 
omission in the records, by showing how the general court was 
at this period constituted, and under what obligation the magis- 
trates were invested with authority: 

" At the time of our election, the committees from the town of 
Agawam came in with other towns, and chose their magistrates, 
installed them into their government, took oath of them for the 
execution of justice according to God, and engaged themselves 
to submit to their government, and the execution of justice by 
their means and dispensed by the authority which they put upon 
them by choice." 7 

The germ of the first written Constitution — the voluntary 
compact of January, 1639, of which the Charter of 1662, the 
declaration of State independence in 1776, and the Constitution 
of 1818, were the necessary outgrowths — may be found in a 
sermon preached by Mr. Hooker before the general court in May, 
1638: 8 "The foundation of authority is laid, firstly, in the free 

* Conn. Col. Records, i. 9. B Ibid., i. 1 J. 

8 Ibid., i. 13, 17. T Coll. Conn. Hist. Soc, i. 13. * Ibid., jo. 



MR. HOOKER'S VIEW OF CIVIL GOVERNMENT. 9 

consent of the people. . . . The choice of public magistrates 
belongs unto the people, by God's own allowance. . . . They 
who have power to appoint officers and magistrates, it is in their 
power, also, to set the bounds and limitations of the power and 
place unto which they call them." 

A few months later, Mr. Hooker, writing to Governor Win- 
throp, of Massachusetts, cited " the old rule, Quod ad omnes 
spectat, ab omnibus debet approbari," and avowed his conviction 
that, " on matters of greater consequence, which concern the 
common good, a general counsel, chosen by all, to transact 
businesses which concern all," is " most suitable to rule, and 
most safe for relief of the whole." But, he argues, it is not 
enough that the people exercise their right of choosing their 
counselors and judges; "the question here grows — what rule 
the judge must have to judge by." There must be established 
law, " to have chief rule over rulers themselves." " That in the 
matter which is referred to the judge, the sentence should lie in 
his breast, or be left to his discretion, according to which he 
should go, — I must confess," wrote Hooker, " I ever looked 
at it as a way which leads directly to tyranny, . . . and must 
plainly profess, if it was in my liberty, I should choose neither 
to live nor leave my posterity under such a government." 9 And 
in this declaration is suggested, not doubtfully, the motive which 
impelled Hooker and his associates to withdraw from the juris- 
diction of Massachusetts and to found a new colony in the valley 
of the Connecticut. For in Massachusetts, though " the people 
had long desired a body of laws, and thought their condition very 
unsafe while so much power rested in the discretion of magis- 
trates," " great reasons there were which caused most of the 
magistrates and some of the elders not to be very forward in this 
matter." 10 Governor Winthrop himself believed that the magis- 
trate was sufficiently bound by his oath of office and his church 
covenant, though he pronounce '* not by any rule particularly 
prescribed by civil authority," and moreover, he was firmly per- 
suaded of " the unwarrantableness and unsafeness of referring 
matter of counsel or judicature to the body of the people, quia, 
the best part is always the least, and of that best part the wiser 
part is always the lesser." 1 

The Constitution of 1639 vested " the supreme power of the 

"Coll. Conn. Hist. Society, i. II. 10 Winthrop s History, i. 322. 
1 Ibid., ii. 350; Reply to Vane, 1637, in Hutchinson's Collection. oiv 



10 THE FIRST CONSTITUTION. 

commonwealth " in a " general court " to be composed of the 
governor, magistrates, and deputies from the several towns. It 
provided for the annual election, by a major vote of " the whole 
body of freemen," by ballot, of a governor and magistrates, who, 
after being severally sworn, in prescribed form, were empowered 
" to administer justice according to the laws here established, and 
for want thereof according to the word of God." Only freemen 
of the commonwealth were eligible to the magistracy, and the 
governor must be " a member of some approved congregation, 
and formerly of the magistracy." No person might be re-elected 
governor " above once in two years," and no person might be 
chosen a magistrate unless placed in nomination at a previous 
general court. 

"Two general assemblies or courts" must be held yearly; 
the first, in April, to be the " Court of Election." If the gover- 
nor and magistrates should at any time neglect or refuse to call 
either of these two " standing courts, or a special session of the 
court," when the occasions of the Commonwealth require, a ma- 
jority of the freemen might issue summons, meet together, 
choose a moderator, and exercise all the powers of a general 
court. No court might be adjourned or dissolved without the 
consent of a majority of its members. 

Each of the three towns — Springfield having already with- 
drawn from the jurisdiction of Connecticut — was authorized to 
send four deputies to every general court. The deputies must be 
freemen of the commonwealth, but in the choice of deputies 
(which must be by ballot) all who had been admitted inhabitants 
of the town, and had taken the oath of fidelity, might vote. 
" And whatsoever other towns, shall hereafter be added to this 
jurisdiction, they shall send so many deputies as the Court shall 
judge meet, a reasonable proportion to the number of freemen 
that are in the said towns being to be attended therein." Only 
the general court had the power to admit freemen, — residence 
within the jurisdiction and previous admission as an inhabitant 
of one of the towns being the only qualifications required by the 
constitution. 

The deputies were authorized to meet by themselves, before 
the meeting of the general court, tl to advise and consult of all 
such things as may concern the good of the public," and to inquire 
into the legality of the election of any of their number; the an- 



THE FIRST CONSTITUTION. ■ II 

thority of final decision that an election was illegal, being re- 
served to the court. 

The governor was sworn to u promote the public good and 
peace," "to maintain all lawful privileges of this. Common- 
wealth," to execute " all wholesome laws that are or shall be 
made by lawful authority here established," and " to further the 
execution of justice according to the rules of God's word." Sim- 
ilar obligations were imposed by the oath prescribed for magis- 
trates. 2 Every freeman must acknowledge himself " subject to 
the government of the jurisdiction of Connecticut," and must 
swear " to be true and faithful unto the same," to submit per- 
son and estate thereunto, and " neither to plot nor practise any 
evil against the same." 3 

The power to make and repeal laws, to levy taxes, to admit 
freemen, and to dispose of unappropriated lands, was exclu- 
sively in the general court, which also " shall have power to call 
either court or magistrate, or any other person whatsoever, into 
question for any misdemeanor, and may for just causes displace, 
or deal otherwise, according to the nature of the offence." 

One peculiarity of this earliest Constitution must not be over- 
looked. The only allegiance it exacts is to u the government of 
the jurisdiction of Connecticut; " the only " supreme authority " 
it recognizes is that of " the body of the freemen " and the general 
court in which they are represented by their deputies; it demands 
obedience to no laws except such as " are or shall be made by 
lawful authority here established — and for want thereof, the 
rule of the word of God." There is no word or hint of submis- 
sion to any sovereign power not directly exercised by or proceed- 
ing from the people. Connecticut was already an independent 
republic. 

The right to alter or add to the Fundamental Orders, though 
not explicitly affirmed, was understood to remain with the free- 
men in general court assembled. It was repeatedly exercised 
between 1639 and 1662. In 1645, ** was ordered that a lawful 
court might be held by the Governor or Deputy and three other 
magistrates (instead of the Governor or Moderator and four 

.. * Conn. Col. Rec, i. 25, 26. ■ Ibid., 62, 63. The oath of ■ free- 

man was not recorded — and perhaps its form was not prescribed — till 
April, 1640. 



12 THE CHARTER OF 1662. 

magistrates) with a majority of all the deputies chosen, but " no 
act shall pass or stand for a law which is not confirmed both by 
the major part of the said magistrates and by the major part of 
the deputies there present in court, both magistrates and deputies 
being allowed, either of them, a negative vote " on the action of 
the others. 4 At the Court of Election in 1646, " the Freemen 
ordered " a change in the time of holding the Court thereafter — 
from April to May. 5 In May, 1647, tne Governor or deputy and 
two magistrates were authorized to hold " particular courts " for 
the administration of justice when occasion should require. 6 In 
April, 1660, — just before the expiration of John Winthrop's first 
year of office as governor — the general court " propounded to 
the consideration of the freemen," an alteration of the funda- 
mental law which prohibited the election of the same person as 
governor in two successive years, and at the ensuing Court of 
Election, " it was voted by the freeman " that " for the future 
there shall be liberty of a free choice yearly, either of the same 
person or another." 7 

In two or three instances the general court gave, and estab- 
lished by law, a new construction of some provision of the Funda- 
mental Laws. In 1643, tne court " declare their judgment " that 
those only shall be deemed " admitted inhabitants " who shall be 
so admitted " by a vote of the major part of the town that receiv- 
eth them," and again in 1657, the court ordered " that by admitted 
inhabitants in the 7th Fundamental, arc meant only house-hold- 
ers that are one and twenty years of age, or have borne office, or 
have thirty pounds' estate. " s 

The Charter procured from Charles II. (April 23, 1662,) was 
not regarded as a grant of new powers, but as a formal recogni- 
tion of the government already established by the people and a 
confirmation of the rights and privileges they had exercised from 
the first. As a guaranty of their title to the soil and a safeguard 
of their liberties against the aggression of neighboring govern- 
ments and the possible encroachment of the Crown, — as an ad- 
mission of the colony's virtual independence of king or parlia- 
ment, in all that concerned internal administration of govern- 
ment, — the royal charter was a precious gift, and came to be the 

4 Conn. Col. Rec, i. 119. B Ibid., 140. "Ibid., 150 

7 Conn. Col. Rec, i. 346, 347- ' Ibid-, 96, -93- 



THE PEOPLES — RATHER THAN THE KINGS — CHARTER. 13 

object of almost superstitious regard. But it did not in any way 
affect the relations previously established between the people 
and their chosen rulers. The frame of government continued to 
rest on the same broad foundation on which the Constitution of 
1639 na d placed it, and " the supreme power of the Common- 
wealth " was made to consist, as before, in the general court. 

The first draft of the charter itself, so far as it affected the lib- 
erties of the colony, was in fact prepared by the general court in 
Hartford, and the colony's agent was instructed that the patent 
to be procured should comprehend " all the rights, privileges, 
authority and immunities that are granted in the Massachusetts 
colony's patent." Two or three lines which were finally erased 
from these instructions to Winthrop show, more clearly perhaps 
than any clause of the perfected draft, in what light the general 
court regarded the object of the petition they preferred " to the 
King's majesty: '" " But if it cannot be granted that the bounds 
[of the colony's jurisdiction] may extend at least to Hudson's 
River, we do not judge it requisite to expend money upon a Patent" 9 
The King was petitioned to bestow his royal favor and grace 
" according to the tenor of a draft or instrument " that the Court 
submitted for his formal approval. 10 In this view, " it was not 
a charter of King Charles, but a charter of the people "; and under 
it the people exercised all the powers of government, and en- 
joyed as much freedom as had ever fallen to the lot of any com- 
munity. " The application of the people for the charter and their 
voluntary acceptance of it, gave efficiency to the government it 
constituted, — and not the royal signature," 2 — in the judgment 
of those who enjoyed the privileges it recognized and affirmed. 

When the American colonies declared their independence of 
Great Britain, the royal and provincial governments were thereby 
dissolved, but that of Connecticut remained unchanged. The 
General Assembly in October, 1776, aftei recording their ap- 
proval of the Declaration of July 4th, and resolving " that this 
Colony is and of right ought to be a free and independent State, 
and the inhabitants thereof absolved from all allegiance to the 
British Crown," — declared : 

'Conn. Col. Rcc. i. 580. 581. 

10 Petition, in Trumbull's Hist, of Conn., i. 511. 512. 

1 Speech of Hon. Jona. W. Edwards, in the General Assembly. Mav. 
1818. 

2 Swift's System of the Laws of Connecticut, i. 56. 



14 ACTS OF I776 AND I784. 

" That the form of Civil Government in this State shall con- 
tinue to be as established by Charter received from Charles the 
Second, King of England, so far as an adherence to the same 
will be consistent with an absolute Independence of this State on 
the Crown of Great Britain, &c." 

In the revision of the laws in 1784, a similar declaration is in- 
corporated with the " Act containing an Abstract and Declara- 
tion of the Rights and Privileges of the People of this State." 
The preamble of this act affirms that, 

" The people of this State, being, by the Providence of God, 
free and independent, have the sole and exclusive right of gov- 
erning themselves as a free, sovereign, and independent State; 
and having from their ancestors derived a free and excellent con- 
stitution of government, whereby the Legislature depends on 
the free and annual election of the people, they have the best 
security for the preservation of their civil and religious rights 
and liberties." 

The first section of the act is as follows : 

" Be it enacted and declared by the Governor, Council and 
Representatives, in General Court assembled, and by the Au- 
thority of the same, that the ancient form of Civil Government, 
contained in the Charter from Charles the Second, King of Eng- 
land, and adopted by the People of this State, shall be and re- 
main the Civil Constitution of this State, under the sole authority 
of the People thereof, independent of any King or Prince what- 
ever/' 3 

In May, 1777, an act was passed " prescribing the form of an 
oath to be taken by the freemen of this State," by which those 
receiving it were bound " to be true and faithful to the Governor 
and Company of this State, and the Constitution and government 
thereof." Every freeman was required to take this oath before 
being allowed to vote in the election of any officer of the govern- 
ment. The same form — with the substitution of " said State," 
for " the Governor and Company of this State " — was incorpo- 
rated in the revision of 1784. 

If the government of the colony, before the revolution, derived 
its authority from the consent of the people, and not from the 
royal charter — and such was the opinion of distinguished jurists 
— then, " the constitution which originated from the people, and 
had been practised upon, continued in operation after the declar- 
ation of independence, in the same manner as before, and was 
* Rev. Acts and Laws, 17S4, p. 1. 



VALIDITY OF THESE ACTS QUESTIONED. 1 5 

equally valid;" the act of 1776, to establish and perpetuate it, 
was merely declaratory, and there was no necessity of calling a 
convention of the people, either to ratify the action of the gen- 
eral assembly, or to agree on a new form of government. 4 

But on this point, questions soon began to be raised. The 
author of a pamphlet printed in 1782, 5 propounds " a modest and 
decent inquiry, whether, in this State, since our Charter has been 
vacated by King, Lords, and Commons, our Independence de- 
clared by Congress and ratified by the Legislature of this State, 
we have, strictly and properly speaking, any Civil Constitution? " 
He contends that the charter by which the colony was invested 
with all the powers of government and legislation, having been 
vacated, " whatever powers of government we derived from our 
charter, terminated with it," and that when " the King who 
grants, and a corporation possessed of a charter, both agree to 
declare it null and void, it is vacated to all intents and purposes 
whatever;" that the civil constitution of Connecticut having 
thus terminated with the charter, " it most certainly was the 
undoubted right of the People to say, whether they would be gov- 
erned by our old form of government, or whether they chose to 
frame a new one; " and, " if that is right and prerogative of the 
people, to say how and in what manner they choose to be gov- 
erned," then " the making new forms of civil government, or 
establishing old ones, is not the proper business of our repre- 
sentatives, without that power being specially delegated to them 
by the people," and " it now lies with them [the people] to say 
whether they will abide in the same situation we now are in, or 
to appoint a committee of delegates, well qualified to so im- 

4 So thought Judge Swift, System of the Lazvs of Connecticut, i. 57, 5& 
Judge Root (C. J., 1796-1807), in the introduction to the first volume of 
Jus Reports of Cases Adjudged, discusses " the origin of governments and 
laws in Connecticut." and argues that, though all connection with the 
crown of England was broken and dissolved by the revolution, yet M the 
Constitution of the State remained, in all other respects, the same un- 
altered basis of government, in its principles, regulations, and efficient 
powers, which it had ever been from its first foundation and establish- 
ment." 

'"Brief, Decent, but Free Remarks and Observations on Several 
Laws passed by the Honorable Legislature of the State of Connecticut, 
since the year 1775. By a Friend to his Country. Hartford, 1782." 
(8vo, p. 55.) The authorship may be confidently assigned to Dr. Ben- 
jamin Gale, of Killingworth — who adopted nearly the same course of 
reasoning, and in the same style, in his letter to Erastus YYolcott. quoted 
on the following page. I have a copy of this pamphlet with Dr. Gale's 
autograph presentation to Christopher Letnngwell. 



l6 DR. B. GALE, ON THE ACT OF 1776; 

portant an undertaking " as that of framing a constitution. He 
states that the action of the general assembly in 1776 was 
" looked upon by the more thinking and judicious, only as a 
temporary thing, until our troubles should be over, and our in- 
dependence acknowledged; and I know some freemen," he adds, 
" who were conscientious in those matters, neglected to take the 
freeman's oath, upon these very principles, who cheerfully took 
the oath of allegiance and fidelity to the States — supposing the 
assembly's adopting our charter constitution de novo, unin- 
structed, to be unprecedented, and that it contained some things 
which in our state of independence are not salutary." 6 

At the October session, 1786, a bill was offered in the House 
of Representatives, for referring to the freemen a proposition to 
reduce the number of representatives. Mr. James Davenport 
(of Stamford) moved to substitute for this a bill to reduce the 
number of representatives, without the reference to a vote of the 
freemen. Several members objected, that this was a " constitu- 
tional question ; the assembly having no right to alter the repre- 
sentation without authority given by their constituents." Mr. 
Davenport replied : 

" We have no Constitution but the laws of the State. The Char- 
ter is not the Constitution. By the Revolution, that was abro- 
gated. A law of the State gave a subsequent sanction to that 
which before was of no force; if that law be valid, any altera- 
tions made by a later act will also be valid ; if not, we have no 
Constitution so defined as to preclude the Legislature from ex- 
ercising any powers necessary for the good of the people." 7 The 
objection to the introduction of the bill was sustained by the 
House, by a small majority. 

A few months later (February, 1787), Dr. Benjamin Gale, in a 
letter to Gen. Erastus YVolcott (who was then a representative 
in Congress), wrote, confidentially, as follows: 8 

6 Pp. 24-27. The writer points out three particulars in which alterations 
of or additions to the established form of government might prove of 
advantage to the State; (1) a constitutional provision "that no citizen 
shall hold at one and the same time, more than one place of public trust. 
either civil or military: " (2) a reduction of the number of representatives 
to one from each town, and (3) an increase of the number of councillors 
(or upper house) to three from each county, to be chosen by the several 
counties, and not on a general ticket, pp. 34. 35. 

7 New Haven Gazette and Conn. Magazine. Nov. 2. 17S6. p. 207. 
"This letter is with the Wolcott MSS. (vol. iv.) in the Library of the 

Conn. Historical Society. 



PROPOSES A CONVENTION TO FORM A CONSTITUTION. • 1/ 

" Since I am speaking of Constitutions, suffer me to tell you, 
in this State we have no civil constitution at all. Our charter, while 
in force, was a grant of privileges by the Crown of England to 
the inhabitants of this colony. After the Crown vacated our 
charter, we ratified it by our Declaration of Independence. Our 
assembly voted it should be deemed the Civil Constitution of this 
State. But, sir, you know that a civil constitution is a charter, a 
bill of rights, or a compact made between the rulers and the ruled. 
Most certain, our charter can in no sense of propriety be so re- 
puted. Our representatives are in no sense chosen to frame a 
civil constitution for us, nor is any general assembly which I ever 
yet saw, collectively considered, proper persons to frame a civil 
constitution. They are too numerous a body; nor do they suffi- 
ciently understand government, to do this thing." 

In the pamphlet of 1782 (" Brief, Decent, but Free Remarks," 
&c.) Dr. Gale had suggested the same objections to referring to 
the_general assembly so " nice, delicate, and important an affair," 
and proposed " that each town be directed to make the nomina- 
tion of one man, for that end; and that the honorable assembly, 
out of that nomination, elect two, four, or six, in each county, to 
carry the same into execution," by framing a new constitution, 
which shall be printed, and submitted to the people " deliberately 
to adopt or reject it." (p. 29.) 

The author of " An Address to the Legislature and People of 
Connecticut, on the subject of dividing the State into Districts for 
the Election of Representatives in Congress," printed in (Janu- 
ary) 1791, 9 advocates the amendment of the constitution by a con- 
vention to be specially entrusted with that work. Though Con- 
necticut " has the merit of giving, at a remote period, a degree 
of perfection to some parts of her constitution, which, if it be 
not final, is at least unrivalled," yet. says this writer: 

" I am sensible that the constitution is susceptible of a great 
number of fundamental improvements: and I look forward, with 
an anxious heart, to that mature and happy season, when the 
spirit of people will admit of a great and radical reform, by their 
own delegates commissioned for this express purpose. I am 
aware that the policy of assembling a convention, and establish- 
ing a form of government superior to the power of the legisla- 
ture, has been called in question by some: and in particular, has 
been ingeniously controverted by a writer of our own State, 

'"By a Citizen of Connecticut." Printed in New Haven. Svo, p. 37. 
2 



l8 JUDGE SWIFT, ON THE CONSTITUTION. 

whose merit I have in high estimation. But whatever influence 
his reasonings might have in my mind, in respect to the strictness 
of principle, I must acknowledge I should despair of ever seeing 
a complete reform in the political establishments of this State 
accomplished in the ordinary course of legislation. The ques- 
tion then in my mind is whether the great and pressing import- 
ance of renovating a defective and unbalanced government will 
not justify a departure from that strict political principle on which 
the legislature would claim all the powers of the community." 

Prior to 1800, the number of those who denied the validity of 
the act of 1776 and maintained the necessity, or the propriety, 
of calling a convention to frame a new constitution, was very 
small. The doctrine laid down by Judge Swift in 1795, is that 
which was generally held by the leaders of public opinion, was 
sustained by the courts, and accepted by a large majority of the 
freemen: 

" Some visionary theorists have pretended that we have no 
constitution, because it has not been reduced to writing, and rati- 
fied by the people. It is, therefore, necessary, to trace the con- 
stitution of our government to its origin, for the purpose of show- 
ing its existence, that it has been accepted and approved by the 
people, and is well known and precisely bounded. . . . The 
colonial governments of Connecticut and New Haven derived 
their authority from the voluntary association and agreement of 
the people. Here the social compact was made and entered into. 
in the most explicit manner. . . . The application of the people 
for the charter [of 1662], and their voluntary acceptance of ir. 
gave efficacy to the government it constituted, and not the royal 
signature. . . . During the whole period of the existence of 
the colonial government, Connecticut was considered as having 
only paid a nominal allegiance to the British Crown, for the pur- 
pose of receiving protection and defence, as a part of the British 
empire; but always exercised legislation respecting all the inter- 
nal concerns of the community, to the exclusion of all authority 
and control from the King and parliament, as much as an inde- 
pendent State." 

" The necessary consequence was that the renunciation of al- 
legiance to the British crown, and the withdrawing from the 
British empire, did not in any degree affect or alter the constitu- 
tion of the government. The constitution which originated from 
the people, and had been practised upon, continued in operation. 
after the declaration of independence, in the same manner as be- 
fore, and was equally valid. The people were only discharged 
from a nominal allegiance to Great Britain. . . . Their inter- 
nal government remained unaltered and the same. . . . The 
general assembly ratified and confirmed the declaration of inde- 



ACT OF I776 VALIDATED BY THE PEOPLE'S ASSENT. ' 19 

pendence, they passed an act recognizing the ancient form of 
government, they made such alterations and introduced such 
amendments, as the change of circumstances required. If the 
principles before stated are true, then the conduct of the legis- 
lature was constitutional, and there was no necessity of calling 
a convention of the people to agree on the form of the govern- 
ment." 10 

Even if it be admitted that the charter was the sole basis of 
government, and, consequently, that separation from Great 
Britain annulled the constitution — that the legislature having no 
power to act under the former constitution, could give their acts 
no binding authority on the people — " yet the subsequent conduct 
of the people," says Swift, " in assenting to, approving of, and 
acquiescing in the acts of the legislature, has established and 
rendered them valid and binding, and given them all the force 
and authority of an express contract. . . . The assent of the 
people may be expressed by delegates chosen for that purpose to 
meet in convention, or it may be implied by a tacit acquiescence 
and approbation." 

The same doctrine was maintained by Mr. (afterwards Chief 
Justice) Daggett, in an anonymous pamphlet published in I805. 1 
" Nothing can be more groundless and false," he says, than the 
statement that the existing government " never had the consent 
and sanction of the people ": 

" It was originally framed and adopted by the people. . . . 
In all their elections, in all their appointments of officers, the 
people have practically assented to this government as the gov- 
ernment of their own choice; and this practical assent continued 
for ages, and repeated hundreds of times by their own volun- 
tary acts, is the strongest possible evidence of a hearty approba- 
tion ; it is an approbation, too, that has rested on the surest 
foundation — that of a long and thorough experience. . . . More 
than almost any other government upon earth, it is the legitimate 
child of the people, who have hitherto constantly nursed it and 
cleaved to it with affectionate attachment; and whenever the peo- 
ple (far off be the day!) shall cease to give it their voluntary assent 
and support, it must inscantly fall.'' 

While the notion that no constitution could be valid without 

formal ratification by the freemen was making its way from the 

brains of M some visionary theorists " to the apprehension of a 

considerable minority of the people, a new political party had 

grown up in Connecticut and the " anti-fcederalists M — who after- 

10 Swift's System of the Laws of Connecticut, vol. i., pp. 55-5S. 
144 Steady Habits Vindicated." &c, p. II. 



20 ANTI-FEDERALISM. THE MIDDLETOWN CONVENTION*. ' 

wards took the name of " republicans," but were stigmatized by 
their opponents as " democrats," — became strong enough in 
numbers and influence seriously to embarrass the action of the 
federal majority. The history of this party in the State begins 
with the " Middletown Convention " of September 30th, 1783, — 
or more accurately, with the manifestation of opposition to the 
" commutation act " by which Congress granted five years' full 
pay to the officers of the revolutionary army, in lieu of half pay 
for life. In the summer of 1783, town meetings were held in 
several towns, at which the justice of this payment was called in 
question, and resolves were passed denouncing it as oppressive to 
the people, and subversive of the principles of a republican gov- 
ernment. A convention was called by committees of Hartford, 
Wethersfield, and Glastenbury, to meet at Middletown on the 
third of September, to consider this subject and devise a mode 
of redress. At the adjourned meeting of this convention, Sept. 
30th, about fifty towns — a majority of all the towns in the State 

— were represented, and a petition or remonstrance against the 
commutation was addressed to the general assembly. At a sec- 
ond adjourned session, Dec. 16th, opposition to the order of the 
Cincinnati was manifested, by commending a pamphlet which had 
recently been published against that society, by Judge .Edanus 
Burke of South Carolina. At the last meeting, in March, 1784, 
an address to the people of Connecticut was framed, presenting 
objections to the commutation act and to the Cincinnati. 1 

When the question of ratifying the federal constitution was 
submitted to a convention in 1788, the vote in the affirmative 
was one hundred and twenty-eight; in the negative, or anti- 
federal, forty — about one-fourth of the whole. This nearly rep- 
resents the relative strength of the two parties in Connecticut at 
this time and for some years afterwards. 

Among the prominent anti-federal leaders of this period, were 
some who had filled high offices in the State, distinguished patri- 
ots of the revolution, and men of influence in the general assem- 
bly as well as among their immediate constituents. William 
Williams of Lebanon (a signer of the Declaration). Gen. James 
Wadsworth of Durham, Gen. Erastus Wolcott of East Windsor. 

— all members of the Council, or upper house. — Dr. Benjamin 

1 See Noah Webster's " History of Polit. Parties in the U. States." in 
"A Collection of Papers," &c. (1843), PP- 3 l 7~ J-O- 



FEDERALISTS OPPOSE THE RE-ELECTIOX OF ADAMS. 21 

Gale of Killingworth, Joseph Hopkins, Esq., of Waterbury, 
Col. Peter Bulkley of Colchester, Col. William YVorthington of 
Saybrook, Capt. Abraham Granger of Suffield, — were counted 
with the opposition, and denounced by the zealous supporters of 
the administration, as anti-federalists, ' democrats,' ' anarchists,' 
or worse. 2 

After the ratification of the national constitution, there was, 
for a few years, comparative quiet in Connecticut politics. It 
was not until the last year of John Adams's administration, that 
the "steady habits " of the State were again disturbed by the 
violence of party. Federalism was never more absolutely dom- 
inant than in 1798. Two years afterwards (Aug. 3, i8co) Fisher 
Ames, of Massachusetts, in a letter to Oliver Wolcott of Con- 
necticut — who was then secretary of the treasury, — forebod- 
ing defeat in the approaching presidential election, suggested a 
truth which experience authorizes us to regard almost as a gen- 
eral law of political revolutions in a republic : " Perhaps a party 
whenever it thinks itself strong, naturally splits ; nothing but 
dread of its rival will bind it firmly enough together." 3 The 
federalists were already divided, and knowledge of this fact, 
which could no longer be concealed from the people, revived the 
hopes and stimulated the energies of the opposition. 

It was certain that Mr. Adams could not again receive the 
unanimous vote of his party, for the presidency. For reasons, 
the soundness of which need not be discussed here, he had lost 
the confidence of influential federalists in Connecticut. " It is 
with grief and humiliation, but at the same time with perfect 
confidence " — wrote Oliver Wolcott, to George Cabot of Mas- 
sachusetts, in June, 1800, — "that I declare that no administra- 
tion of the government by President Adams can be successful 
.... It is clear to my mind that we shall never find ourselves 
in the straight road of federalism while Air. Adams is presi- 
dent." 4 Uriah Tracy assured Senator Stockto n of Xew Jersey. 

2 To what height party spirit had risen in I786-7, and with what extrava- 
gant license the federal wits, and the federal press generally, assailed their 
opponents, mav be seen in " The Anarchuni." a series of papers in verse. 
originally published in the New Haven Gazette, which are understood 
to have "been written by Col. David Humphreys. John Trumbull. Joel 
Barlow, and Dr. Lemuel Hopkins, — possibly, with some help from Dr. 
Dwight. 

3 Gibb's Memoirs of the Administrations of Washington and Adams. 11. 
396. 

* Ibid. ii. 371. 



22 THE REPUBLICAN MINORITY GAINS STRENGTH. 

" that the State of Connecticut would do any thing- to promote 
the true interest of the government at this crisis ; that they had 
no predilection; on the contrary, the men of most importance 
were disgusted and entirely alienated from the president."" 
Two months later, Wolcott, in a letter to Fisher Ames, not only 
expressed his conviction that " Mr. Adams ought not to be sup- 
ported," but intimated a doubt whether " his re-election would 
be a less evil to the country than to incur any risque of the pro- 
motion of Mr. Jefferson " : for, " however dangerous the elec- 
tion of Mr. Jefferson may prove to the community, I do not 
perceive that any portion of the mischief would be avoided by 
the election of Mr. Adams." " Let who will be president " — 
so thought Chauncey Goodrich, — " the pride of xAmerican 
character and office for awhile must be faded " ; as for Connecti- 
cut, " the public mind is puzzled and fretted. People don't 
know what to think of measures or menV'they are mad because 
they are in the dark." 7 

When leaders speculate on the advantages of defeat, and the 
rank and file are " puzzled and fretted," opposition is likely to 
gain a good many new recruits. The republicans understood 
how to take advantage of the situation. The federalists began 
to admit that, even in Connecticut, " the skilful attacks of a vin- 
dictive and intelligent opposition," were becoming formidable, — 
were " destroying all confidence " in the administration, even 
while " the papers on our side are filled with toasts and nonsen- 
sical paragraphs attributing wisdom and firmness to the Presi- 
dent." 3 Gen. Ebenezer Huntington wrote from Norwich, in 
August : " There is a change of opinion affecting the people of 
this State; and at present, I am doubtful what extent it will 
gain. There are many who have heretofore assumed the charac- 
ter of federalists, who have lately shown themselves democrats, 
and are high in their commendation of Jefferson, in hopes to 
partake of the loaves and fishes which are to be distributed by 
the new President." 9 (The federalists spoke of their opponents, 
indifferently, as " Jacobins," or " democrats." — never conced- 
ing to them an exclusive right to the designation of " repub- 
licans.") 10 

• Ibid. ii. 374. 9 Ibid. 401. T Ibid. 394 

■Ibid. 371 (Wolcott to G. Cabot). 'Ibid. 39S. 

"Abraham Bishop, in an Oration on "Connecticut Republicani>:n " 



RE-ESTABLISHED. ' 23 

National defeat, in the election of Mr. Jefferson, restored 
union to the federal party in Connecticut. Its relative strength 
was somewhat impaired by desertion, and — to say nothing of 
changes wrought by honest convictions — " the loaves and 
fishes," might now and then tempt a straggler to the republican 
camp. But the State, as well as the national government, had 
its rewards for the faithful, and the federal managers took care 
that these were judiciously distributed. The party was no 
longer without that wholesome " dread of its rival," so essential 
to the preservation of union : but it was strong enough to main- 
tain, for sixteen years yet, against a vigorous opposition, and 
all the republican influences which could be brought to bear 
from without, absolute control of the State government and of 
legislation. It was the boast of the federalists, and the sneer of 
their adversaries, that the " steady habits " of Connecticut were 
too firmly established to be affected by changes in the national 
administration or in neighboring States. The Republican 
Watch-Tower (Cheetham's paper) of New York, in an article 
on " Connecticut Policy," June 17th, 1801, declares that 

" The sentiments of the State have been marked, as well while 
a colony as now, with a steadiness that excludes both retro- 
gradation and advancement. Like an isthmus, inanimate and 
immovable, she bids defiance to the meliorating progression 
made on both sides of her. The advancement of political sci- 
ence, generated by our revolution, has neither changed her con- 
stitution nor affected her steady habits. ... A fanatic venera- 
tion for a pampered, deluding and anti-christian priesthood, 
renders [her people] the dupes of their cunning, and sub- 
servient to their power. . . . And the citizens, really honest, 
but enveloped in superstition, are converted into instruments by 
the cunning of their priestly rulers, to debase themselves and to 
exalt their oppressors." 11 

" The steady habits of New England," said Mr. Abraham 

(New Haven, Sept., 1800,) seems to accept for his party the name of 
Democrats. " The terms ' republicans ' and ' democrats ' are." he says. 
" used synonymously throughout the oration, because the men who 
maintain the principles of 1776. are characterized by one or the other 
of these names in different parts of the country" (p. 7). 

" " Every person who has read the principal Jacobin gazettes for a 
considerable time past," says Mr. D wight, in his Cincinnati oration. 
with reference to this extract from the Watch Tower. " must have seen 
that there is existing a peculiar animosity against the government, in- 
stitutions, clergy, and people of Connecticut." The federalists recipro- 
cated all the animosity, and were noways humbled by the rebukes they 



24. THE "STEADY HABITS " OF CONNECTICUT FEDERALISM. 

Bishop, in his oration at Wallingford, March nth, 1801, "pre- 
sent the fourth obstacle to the diffusion of truth. The sailor 
nailed the needle of his compass to the cardinal point, and swore 
it should not be always traversing. So does the New England 
friend of order." 

" It has become very fashionable," replied a federal orator, " to 
ridicule the attachment of the people of Connecticut to their 
government, their institutions, and their " steady habits" But be- 
fore we add our sneers to those of the Jacobins', let us devote a 
few moments to a consideration of the nature and effects of that 
government, those institutions, and habits." In the course of 
this review, he remarks : 

" Connecticut exhibits the only instance in the history of na- 
tions, of a government purely Republican, which has stood the 
test of experience for more than a century and a half, with firm- 
ness enough to withstand the shocks of faction, and revolution. 
Our government is a government of practice, and not of theory. 

constantly received from the " Jacobin " press of other states. They 
boasted of the position of their State, " placed as a bulwark against the 
approaches of a disorganizing spirit." " However enslaved they may be. 
either by superstition or priestcraft, the people of Connecticut have got 
sense enough left, to appreciate the merits of those who thus traduce 
their character, country, government, and religion, whether they spring 
from her own soil, or are the renegadoes of Europe." " If we are to 
learn the principles of liberty and government from the Coopers, Cat- 
lenders, Duanes, and Cheethams, of England, Scotland, and Ireland, we 
have got to pass through a tremendous and bloody schooling." 
(Dwight's oration, 15, 32, 41.) The following lines from " Sketches of 
the Times, for the year 1803" — a New Year's address for the Hartford 
'Courant, 1804, (re-printed with " The Echo," in 1807), were probably 
from Theodore Dwight's pen: 

" And here, in erring reason's spite. 

'Mid storms of truth, and floods of light. 

Unmov'd by threats, unaw'd by fears, 

Connecticut her front uprears. 

On Democratic frontiers plac'd. 

By spirits base and foul disgrae'd. 

Annoy'd with Jacobinic engines. 

And doom'd to Governmental vengeance. 

Straight on her course she firmly steers. 

Nor jibes, nor tacks, nor scuds, nor veers. 

Not the whole force they all can yield, 

Can drive her vet'rans from the field. 

The same pure, patriotic fires 

Which warm'd the bosoms of their Sires. 

That generous, that effulgent flame. 

Which glow'd in Winthrop's deathless name. 

Unsullied through their bosoms runs, 

Inspires and animates her sons." 



THE STATE HAS NO WRITTEN" CONSTITUTION". 25 

. . . Resting its claim to pre-eminence on the ground of long 
experience and practice, it sets all theory at defiance. At the 
same time, it is not easy to say what constitutes its strength and 
force. . . . We have, in fact, no written constitution, no ex- 
ecutive power or patronage.'' 1 

In a note to this oration, Mr. Dwight gave a sketch of the con- 
stitutional history of the State, and of the provisions of the char- 
ter of 1662, which was " little more than a re-establishment of 
the first constitution, with somewhat more explicitness." 

" This charter, of course, stands at the head of our laws, as the 
only constitution which the State possesses. ... It impowers 
the inhabitants of the corporation to plead, and to be impleaded, 
in legal suits, to have a seal, to choose yearly a governor, 
deputy-governor, and twelve assistants, to hold two general as- 
semblies in a year, to appoint and admit freemen, to elect offi- 
cers, to erect judicatories, to ordain laws, to impose fines, and 
to erect wharves for the purpose of drying fish. With no other 
powers than these, it would seem impossible that a Colony, or 
State, could possibly exist in peace and safety for so long a time 
as since the year 1639. Such, however, is the fact, and it is 
owing to the rectitude of the administration of the government, 
and the effects of the institutions established under it. All the 
defects in the constitution have been supplied by practice : and 
the practical range is as well understood as though every prin- 
ciple had originally been reduced to writing/' 3 

" Steady habits " and federalism came to be regarded as syn- 
onymous terms; and a distinguished federal writer, in 1805, in 
" a serious remonstrance to the people of Connecticut, against 
changing their government," reminds them, that "' a new struc- 
ture or form of government would gradually produce a corre- 
spondent change in manners, and your steady sober habits — the 
theme of ridicule, but the real glory of Connecticut — would be 
lost." 3 ' The minority complained that ''every man who cher- 
ished republican principles, was derided and abused as a deserter 
from steady habits." 4 

1 Theodore Dwight's Oration at New Haven, before the Society of the 
Cincinnati, July 7, 1801. pp. 7, 8. 

2 Ibid. p. 35- 

3 Steady Habits Vindicated, or a Serious Remonstrance. &c. By a 
Friend to the Public Welfare [David Daggett. Esq.] Hartford. 180S 
p. 14. 

* Abraham Bishop's Oration, 1804. (p. 15.) 



26 THE REPUBLICANS DEMAND A CONSTITUTION. 

Though leading republicans had, from time to time, urged the 
necessity and importance of forming a new constitution, to be 
submitted to the people for ratification, it was not until the year 
1804, that this measure was incorporated in the republican plat- 
form. It was brought prominently into notice by Abraham 
Bishop, of New Haven, in an oration delivered in Hartford, May 
nth, 1804, at a republican celebration, " in honor of the election 
of President Jefferson, and the peaceable acquisition of Louisi- 
ana/' 5 

" At the Declaration of Independence," said Mr. Bishop, " the 
charter of Charles II. became of no effect and it was proper that 
the people of this free State should, like the people of other free 
States, have been convened to form a constitution. But the 
Legislature, which was not empowered for that purpose, and 
which may repeal at pleasure its own laws, usurped the power 
of enacting, that the form of government contained in the char- 
ter of King Charles should be the civil constitution of this State. 
Thus, by the pleasure of his Majesty, all the legislative, execu- 
tive, and judicial powers of government tumbled into a common 
mass, together with the power of raising armies, whenever the 
stockholders of power should think best. 

" This precise condition of society, absurd and unsafe as it is 
in theory, has proved far more so in practice. At the present 
moment all these powers, together with a complete con- 
trol of elections, is in the hands of seven lawyers, 6 who have 
gained a seat at the council board. These seven men virtually 
make and repeal laws as they please, appoint all the judges, plead 
before those judges, and constitute themselves a supreme court 
of errors to decide in the last resort on the laws of their own 
making. To crown this absurdity, they have repealed a law 
which prohibited them to plead before the very court of which 
they are judges." (pp. 9, 10.) 

After pointing out various evils which, from the republican 
point of view, were necessary results of " such complicated usur- 
pation of power," he proposes (p. 16) as the remedy — 

"That the people shall be convened to form a constitution* 

a " Printed for the General Committee of Republicans." From Sidney's 
Press, 1804, 8vo, pp. 24. 

*In a note, Mr. Bishop named "Messrs. Daggett. [Nathaniel] Smith. 
Chauncey Goodrich, [Jonathan] Brace. [John] Allen, [William] Kd- 
mond, and [Elizur] Goodrich. — holding the same undefined powers 
which their predecessors have held, and which their successors shall hold, 
till we shall have a constitution." 



REPUBLICAN DELEGATES MEET AT NEW HAVEN. 2J 

WHICH SHALL SEPARATE THE LEGISLATIVE, EXECUTIVE, AND 

JUDICIAL POWERS, SHALL DEFINE THE QUALIFICATIONS OF 

FREEMEN, SO THAT LEGISLATORS SHALL NOT TAMPER WITH 
ELECTION LAWS, AND SHALL DISTRICT THE STATE, SO THAT FREE- 
MEN MAY JUDGE OF THE CANDIDATES FOR THEIR SUFFRAGES." 

Mr. Bishop's oration was " printed by the republican general 
committee," and distributed throughout the State. A writer in 
the American Mercury (republican) of August 2d, 1804, '*' on the 
subject of a Constitution," says, that until the publication of this 
oration, " it was not generally known that the State of Connect- 
icut had not a constitution," and recommends that the freemen 
in each town should hold meetings for the appointment of com- 
mittees to confer on a plan for the election of delegates to a con- 
vention. The (federal) Ceurant, of August 15th, notices this 
recommendation, remarking that " Abraham opened on this sub- 
ject on the nth of May, and the writers in the Mercury seem de- 
termined to make the most of it." 

That discussion of this subject should immediately assume a 
partisan character was unavoidable, for Mr. Bishop's political 
associates believed, with him, that " a constitution would give a 
death-blow to Connecticut federalism, and, with it, to all hos- 
tility against the general government," 7 and some, if not all. oi 
the federal leaders shared this conviction. 

On the 30th of July, the Republican General Committee (of 
which Pierpont Edwards was chairman) addressed a circular to 
their party, stating that " many very respectable republicans are 
of the opinion that it is high time to speak to the citizens of Con- 
necticut, plainly and explicitly, on the subject of forming a con- 
stitution ; but this ought not to be done without the approbation 
of the party ; " and a general meeting was proposed, to be held 
at New Haven on the fifth Wednesday (29th) of August. 

On the day appointed, republican delegates from ninety-seven 
towns assembled at the state-house, in Xew Haven. Major 
William Judd, of Farmington, was chosen chairman, and Henry 
W. Edwards and Lemuel Whitman, clerks. The meeting was 
^ held with closed doors. It was declared, as " the unanimous 

opinion of this meeting, that the people of this State are at pres- 
ent without a Constitution of civil government." and it was 
thereupon resolved, " that it is expedient to take measures pre- 
1 T A. Bishop's Oration, page 10. 



28 FEDERALISTS OPPOSE A CONVENTION. 

paratory to the formation of a Constitution, and that a commit- 
tee be appointed to draft an Address to the People of this State, 
on that subject." The committee reported an address, which 
was accepted, and ten thousand copies were ordered to be 
printed and distributed. 8 

The issue thus formally presented was made a prominent one 
in the fall election. The federalists denounced the project of a 
convention as revolutionary, subversive of law and order, and of 
the " steady habits " which had been the boast of the State. The 
republicans were by no means unanimous in support of the 
meas'ure, notwithstanding the urgent appeals of the party press 
and the untiring exertions of the party managers. In Septem- 
ber, just before the election, a federal reply to the New Haven 
address was printed, under the title of " Count the Cost. [An 
Address to the Freemen of Connecticut on sundry political sub- 
jects, and particularly on the proposition for a New Constitu- 
tion. By Jonathan Steadfast.''] The writer (David Daggett) 
reviewed the proceedings of the New Haven meeting, impugned 
the motives of the leaders of the movement, and presented, with 
remarkable ability, the arguments against the proposed change 
in the form of civil government. " This project,'' he said, " orig- 
inates entirely in a spirit of Jacobinism : it is a new theme on 
which to descant to effect a revolution in Connecticut. The ob- 
ject is, by false assertions, to induce a belief that no constitution 
exists, and that tyranny prevails." Commenting on the course 
of the republican party for a few years previous, he comes down 
to " Mr. Bishop's oration on the nth of May, declaring among 
other outrageous and wicked falsehoods that Connecticut had 
no constitution," to which he opposes Mr. Bishop's declaration 
in 1789, that " the Constitution of Connecticut is the best in the 
world, — it has grown up with the people, and it is fitted to their 
condition." The writer proceeds to show that " we haz'e a con- 
stitution — a free and happy constitution. It was to our fathers 



8 It was printed on a small half-sheet, in double columns, apparently 
from " Sidney's Press," New Haven. Soon afterwards appeared a bur- 
lesque, printed in the same style (and at the same press.") professing to 
be the address and draft of a constitution M presented to the Sovereign 
People" by "a Convention of Republicans, styling themselves ' The Up- 
per-House of Delegates from ninety-seven towns.'" &c. At its head 
stand, in large capitals, c Liberty! ' * Equality! ' The proposed Con- 
stitution vests the Executive Power ' in Three Consuls to he chosen for 
life by the President of the United States, provided he be a Republican; if 
not, by the Sovereign People." 



PROCEEDINGS AGAINST -THE FIVE JUSTICES. 29 

like the shadow of a great rock in a weary land; it has enabled 
them to transmit to us a fair and glorious inheritance; if we 
suffer revolutionists to rob us of this birthright * then are we 
bastards and not sons.'" (pp. 10-13). ^ ne address closes with 
an eloquent and skilfully framed appeal to every freeman to 
" count the cost " before acting with the republicans for the pro- 
posed reform. 

The result of the October election, in an increased federal 
majority, showed that the popular mind was not yet prepared 
for a radical change. 

'When the General Assembly met, the leaders of the dominant 
party, elated by success, resolved to administer a signal rebuke 
to the revolutionary designs of the minority. Five justices of 
the peace, 9 who had attended the republican meeting at Xew 
Haven and taken part in its proceedings, were cited to appear 
before the Assembly, " to shew reasons why their commissions 
should not be revoked," since " it is improper," as the preamble 
of the resolution sets forth, " to entrust the administration of the 
laws to persons who hold and teach that the government is an 
usurpation." Asher Miller and David Daggett were appointed 
managers on the part of the State, for the prosecution, and Pier- 
pont Edwards, by permission of the Assembly, appeared as 
counsel for the respondents. The case was heard by the two 
Houses in joint convention, October 30th. Mr. Edwards ar- 
gued in defence of the Justices. Mr. Daggett replied in behalf 
of the State. He reviewed the proceedings and the published 
address of the New Haven meeting, and, succinctly tracing the 
governmental history of the two colonies and the State, from 
the adoption of the compact of 1639, and the foundation of civil 
polity in New Haven, he aimed to " demonstrate, that the peo- 
ple of Connecticut, not only are not without a constitution, but 
are possessed of one made by the people, in a sense not applicable 
to any other people," and that theirs was, in fact, " the only 
government ever formed upon entirely popular principles." The 
original compact, he argued, " contains the vital principles of 
our present government." 

"The people, in 1639, vested the general court, or assembly. 
with the power of making and repealing all laws, and of dealing 

•Major William Judd of Farmington (who was Chairman of the New 
Haven meeting). Jabcz H. Tomlmson of Stratford. Agar Jadson oi 
Huntington, Hezekiah Goodrich of Chatham, and Nathaniel Manning 
of Windham. 



30 THE ASSEMBLY REVOKES THEIR COMMISSIONS. 

in all other matters, except the choice of magistrates. And might 
not the people grant this power? This is now our Constitu- 
tion — our fundamental regulation by which power is exercised. 
Who then shall complain ? Surely not those who reiterate with 
every breath, that the people are the source of all power. If the 
people of Connecticut made this Constitution, I intreat those who 
advocate the right of the people to make Constitutions, to permit 
the people still to enjoy it." (p. 15.) 

He showed the relation of the compact of 1639 to the charter 
of 1662, and the acceptance of the charter by the people, not 
only by their action on its first receipt, but by the re-establish- 
merit of its authority after the revolution of 1689. The general 
assembly not only declared, in 1776, that " the form of govern- 
ment should continue to be as established by charter," but pre- 
scribed (by act of May, 1777) the form of oath to be taken by 
freemen, by which they were bound " to be true and faithful to 
the Governor and Company of this State, and the Constitution 
and government thereof." This oath, substantially, had been 
taken by all admitted freemen, and, since May, 1777, " more 
citizens have thus sworn to support our Constitution than there 
are now taxable males in the State." 10 

The New Haven address was not — he argued — "a decent 
expression of opinion," merely ; it was " an outrage upon de- 
cency " ; and it was the duty of the Legislature " to withdraw 
from men who denounce the government, the power of exer- 
cising its authority." 

On the day after the hearing, the governor and council unani- 
mously passed a bill revoking the commissions of the offending 
justices, and in this bill the house of representatives concurred 
by a majority of 67, — yeas, 123, nays, 56. 

Major Judd, who was a lawyer by profession, prepared an 
argument in defence of himself and his associates, but soon after 
his arrival in New Haven — where the general assembly was in 

10. Mr. Dagget's Argument, before the General Assembly, in the 
Case of certain Justices of the Peace. To which is prefixed a brief 
History of the Proceedings of the Assembly [and a copy of the New Ha- 
ven Address]. New Haven, 1804. 8vo. pp. 30. The cause of the prose- 
cution could not have been intrusted to better hands. Mr. Dagget's 
argument was very ingeniously framed, and presented with great ability. 
But his view of the case was naturally partisan rather than judicial. 
After he became Chief Justice, he did not speak of the government under 
the charter with the same unqualified eulogy. The old constitution, he 
then admitted. " gave very extensive powers to the legislature, and left 
too much (for it left everything almost.) to their will." (^Starr v. Pease. 
S Conn. Rep., 548). 



MAJOR JUDD S ADDRESS. A QUESTION OF ORDER. 31 

session — he was taken ill, and was unable to appear on the day 
assigned for the hearing before the two houses. With the help 
of his friends, his " brief, or summary of defence " was hurried 
through the press, but he died before the last sheet was printed. 
Nov. 13th, 1804. The next day, his " Address to the People of 
the State of Connecticut, on the subject of the removal of him- 
self and four other Justices from office," was published " for the 
general committee of Republicans." 1 

While the bill for revoking the commissions was under discus- 
sion in the house of representatives, Mr. Samuel Hart (a mem- 
ber for Berlin) ventured the suggestion that " arguments against 
it would be unavailing, when there was the disposition and the 
ability to pass it." This was construed by the federal majority as 
an imputation on the justice and impartiality of the House, and 
the offender was ordered to be reprimanded by the Speaker. 
When called upon to rise in his place to receive the prescribed 
censure, Mr. Hart submitted a novel question of order, by asking 
" if there was any rule of the House which obliged a member to 
rise, for a reprimand?" After some discussion, the Speaker 
(Hon. Timothy Pitkin) gave a decision in the affirmative. An 
appeal was taken, and the House sustained the opinion of the 
chair. Thereupon, Mr. Hart rose, and the reprimand was given 
and received in due form. The " dilatory motion " and the tem- 
porary embarrassment of the majority and of the Speaker 
blunted the edge of the censure and occasioned great glee to 
the republicans. 

In the spring election of 1805, the question of a new constitu- 
tion was again the main issue, and again the friends of " steady 
habits " were successful. 2 The measure continued to hold a 
prominent place in the republican platform, but. for several suc- 
ceeding years with decreasing probability of attainment. Dur- 
ing the administration of President Madison, it was almost lost 
sight of, in the discussion of matters of more immediate and ex- 
citing interest. But opposition to the existing order of things in 
Connecticut was gaining strength and was no longer confined to 
the so-called democratic party; and when, in the spring of 1S17. 
the contest was actively renewed, the friends of new measures 
were so strong in numbers, position, and influence, that success 

Sidney's Press [New Haven]. 8vo. pp. 24. 

J Just before this election was published a pamphlet, entitled "Steady 
Habits Vindicated." etc. (Hartford, 1S05). Svo. pp. jo. Attributed to 
David Daggett. 



32 ECCLESIASTICAL CONSTITUTION OF THE COLONY. 

became nearly certain. The " standing order," in church and 
state, had now to encounter a determined sectarian as well as a 
political opposition. 

To understand the character and extent of this opposition, it 
will be necessary to review, briefly, the ecclesiastical constitution 
of the colony and state. The foundation of this was the act of 
October, 1708, 3 approving the confession of faith, heads of 
agreement, and regulations in the administration of discipline 
agreed to by the synod at Saybrook, and enacting that all 
churches thus united in doctrine, worship, and discipline, should 
be " owned and acknowledged established by law." A proviso 
assured to societies and churches which " soberly differ or dis- 
sent " from the established churches, and which were allowed by 
law, the right of " exercising worship and discipline in their own 
way and according to their consciences." But dissenters were 
not thereby relieved of their obligations to pay their proportion 
of town taxes for the support of the established ministry. By 
a colony law (May, 1697) every town and society was required 
to provide, annually, for the maintenance of their minister, in 
accordance with the agreement made at settlement, by a tax 
levied " on the several inhabitants according to their respective 
estates." 4 A minister settled by the major part of the house- 
holders of a town or society was, by a law passed in 1699, to be 
accounted the lawful minister of such town or society, and the 
agreement made with him was declared to be binding on " all 
of such town." 5 And when in 1708, the general assembly, by 
an act " for the ease of such as soberly dissent from the way of 
worship and ministry established by the ancient laws of this 
government and still continuing," extended to all qualified dis- 
senters in the colony, the same liberty and privileges granted by 
the Toleration Act of William and Mary, it was with the special 
proviso, that this should not be construed " to the excusing of 
any person from paying any such minister or town dues as are 
now or shall be hereafter due from them." 6 

In 1727, an act was passed directing that all taxes collected for 
support of the ministry, from members of the church of Eng- 
land, should be paid to the settled ministers of that church ; and 
if, in any parish, the amount so paid should be insufficient to 

* Col. Records, v. 87. * Col. Records, iv. 198. 

8 Ibid., iv. 316. e Ibid., v. 50. 



LEGAL RIGHTS OF DISSENTERS. ' 33 

support the minister, the members of his church were authorized 
to tax themselves for the deficiency. 7 Two years afterwards, 
similar privileges were granted to Quakers and Baptists. H 
At the revision of the laws in 1784, the act of 1708, recogniz- 

I ing "established churches" was omitted; and in October, 1791, 

the general assembly passed " an act securing equal rights and 
privileges to Christians of every denomination, in this State." 
Every dissenter who should lodge with the clerk of an ecclesias- 
tical society a certificate of having joined himself to any other 
than the established denomination, was, " so long as he shall 
continue ordinarily to attend on the worship and ministry in the 
church or congregation to which he has chosen to belong," ex- 
empted from the payment of society taxes for the support of pub- 
lic-worship or the ministry. And all churches and congrega- 
tions of dissenters, so formed, were empowered to tax themselves 

1 for maintaining their ministers, building meeting-houses, etc. 9 

This — so thought Judge Swift — " levelled all distinctions. 
and placed all denominations of Christians equally under the 
protection of the law." 10 It was not, however, so favorably re- 
garded by the dissenters. They complained that " when a per- 
son attends on public worship in no religious society," he should 
be taxed in the located society in which he lives. The located 
societies had a right by law to tax all within their limits who did 
not lodge the prescribed certificates, and this lodging of cer- 
tificates — though it was considered by the general assembly as 
" nothing more than an act of the dissenter to inform the located 

L society that he does not belong to them," was " deemed by some 

of the dissenters themselves, a mark of degradation " or confes- 
sion of inferiority. While the law professed to secure equal 
rights and privileges to all denominations of Christians, it main- 
tained, in fact, a distinction between the heated or established 
and the dissenting societies. Moreover, it was objected, these 
were differences of opinion as to the eonstnietion of the law. 
" As it was always in the power of the inhabitants of the located 
societies, to try the legality of the certificates of dissent." dis- 
senters had sometimes — as Judge Swift admits. — "been sub- 
jected to hard and rigorous usage. Courts and juries had 
usually been composed of what was considered the standing 

~ 7 Col. Rec. (MSS.) vol. v.. p. 587. * Ibid., pp. 6S8. 704 

•Revised Statutes, 1S0S, p. 575. l0 Swift's System (1795). »■ M4 

3 



34 THE DISSENTERS COMPLAIN. 

church, and they had frequently practised such quibbles and 
finesse with respect to the forms of certificates and the nature 
of dissenting congregations, as to defeat the benevolent inten- 
tions of the law." 2 

The well-known Baptist elder, John Leland, in a pamphlet 
published soon after the enactment of the " Certificate Law " of 
1791, denounced it, as founded on the principle " that it is the 
duty of all men to support the gospel and worship of God," and 
that " human legislatures have the right to force them to do so." 
" The certificate that a dissenter produces to the society-clerk, 
must be signed by some officer of the dissenting church, and 
such church must be protestant-christian; for heathens, deists, 
Jews, and papists, are not indulged in the certificate law ; all of 
thetn, as well as Turks, must therefore be taxed to the standing 
order, though they never go among them or know where the 
meeting-house is." 3 

Another ground of complaint was found in the peculiar favor 
manifested to Yale College, which, from its foundation in 1702, 
had been under the exclusive direction and control of the con- 
gregationalists. The special privileges secured to the college 
by charter, and the repeated grants which had been made to it 
by the general assembly, were regarded by the dissenters as in- 
consistent with the concession of " equal rights and privileges 
to Christians of every denomination." 

The Baptists and Methodists had repeatedly addressed them- 
selves to the general assembly, for relief from the operation of 
laws which they regarded as oppressive, and which subjected 
them to the compulsory payment of taxes for the support of any 
ministry — even of their own denomination. They demanded 
that " legal religion " should be abolished, and " the adulterous 
union of Church and State, forever dissolved." 

The Episcopalians were seeking aid from the State for the en- 
dowment of their Academy in Cheshire and for the establish- 
ment of a fund for the support of a bishop. In the former ob- 
ject they had been partially successful, obtaining from the gen- 

2 Ibid., 146, 147. 

'"The Rights of Conscience inalienable. And therefore Religions 
Opinions not cognizable by Law; or. The High-flying Church-man. 
Stript of her Legal Robe, Appears a Yaho — By John Leland.'* Ntw 
London, 1791 (8vo, p. 30). It was reprinted, with other tracts, by Charles 
Holt, New London, 1802, under the title of " The Connecticut Dissenter s 
Strong-Box: No. I, Containing The high-flying churchman, fee.' 



THE BISHOP S FUND J THE PHOENIX BANK BONUS. 35 

eral assembly, in October, 1802, license to raise 15,000 dollars 
by a lottery. An act incorporating trustees of a Bishop's Fund 
was granted in 1799, but this fund, derived from private contri- 
butions, grew so slowly that in May, 181 7, it hardly exceeded 
6000 dollars. When the charter of the Phoenix Bank at Hart- 
ford was granted (May, 18 14), the State exacted a bonus of 
50,000 dollars. The trustees of the Bishop's Fund alleged that 
a portion of this bonus had been appropriated by the petition- 
ers for the bank, to the benefit of the fund, and they complained 
that it was unfairly withheld from the trustees, while an appro- 
priation of 20,000 dollars, from the same bonus, was granted to 
Yale College. 4 Another ground of dissatisfaction was the re- 
peated refusal of the legislature to confer the powers and privi- 
leges of a college, on the Academy at Cheshire, or to charter a 
new Episcopal College of Connecticut. It is not surprising that 

■ the federal majority — members of the " standing order," and 

warmly attached to the school of the prophets at New Haven — 
hesitated to contribute from the State treasury to the mainte- 
nance of a bishop or for the establishment of an episcopal rival 
to Yale. It is not more strange that the episcopalians, as a 
body, became associated with the republican party, from which 
they received assurances of support. 5 

In October, 1816, as a measure of conciliation and compro- 
mise, the general assembly passed " An Act for the support of 
Literature and Religion," by which the balances due the State 
from the United States, on account of disbursements for the 

i general defence in the war with Great Britain, were appropriated 

as follows : one-third to the Presbyterian or Congregational so- 
cieties, to be divided in proportion to their rate-lists, for the 
support of the gospel ; one-seventh to the trustees of the 
Bishop's Fund, " for the use and benefit of the Episcopalian de- 
nomination of Christians ; " one-eighth to the Baptists' trustees. 
and one-twelfth to the Methodists' trustees, for the use of their 
denominations respectively ; one-seventh to Yale College ; and 

* Eleven years afterwards (1825), the State granted to the Trustees of 
the Bishop's Fund. $7,064.88, in commutation of their claim on the 
Phoenix Bank bonus. 

6 The Rev. Dr. Shelton (rector of St. Paul's. Buffalo, N. Y.,) in a 
memoir of his father, the Rev. Philo Shelton. of Fairfield (1785-1825), 
thus states the position of the Episcopal church in Connecticut in the 
contest which preceded the political revolution of 1817: "When the 
Episcopal Church petitioned the Legislature in vain, as she did tor a 
series of years, for a charter to a college, he, with others of his brethren, 

'■ 



36 A TOLERATION TICKET NOMINATED. 

the balance, a little more than one-sixth of the whole, to remain 
in the State treasury. As might have been anticipated, this 
measure pleased nobody, but tended rather to promote than to 
diminish opposition to the established order in State and church. 
The federalists and Congregationalists felt that too much had 
been conceded. The minor sects thought the division unjust, 
and, even if the provisions of the act in their behalf had been 
more liberal, they could not, consistently with their past profes- 
sions, approve the appropriation to the support of the ministry, 
of a fund originally raised by taxation. Some of the Methodists 
at first refused to receive their share of the fund. The Baptists' 
trustees did not accept theirs, till June, 1820. In February, 
1818, the trustees of the Methodists — a majority of the board, 
it may be remarked, were federalists — voted that, though that 
denomination had not been granted their full proportion of the 
money to be distributed by the act, yet, not thinking it right 
that the appropriation should remain useless, they would receive 
it from the treasury. This action, however, was strongly cen- 
sured by many members of the denomination in Connecticut. 

In January. 18 16. "a meeting of citizens from the various 
parts of the State " was held at New Haven, for the purpose of 
nominating a governor and lieutenant-governor, and to cement 
an alliance between the republicans and such of the federalists 
as were opposed to the " standing order " and were friends of 
" toleration and reform." The nomination of Oliver Wolcott 
for governor, and of Jonathan Ingersoll for lieutenant-gov- 
ernor, was unanimously agreed on, " as the one most likely to 
produce that concord and harmony among parties which have 
too long, and without any real diversity of interests, been dis- 

proposcd a union zi'ith a political party, then in a minority, to secure what he 
regarded a just right. And the first fruit of the union was the charter of 
Trinity [Washington] College. Hartford. He was one of a small num- 
ber of clergymen who decided on this measure, and were instrumental 
of carrying it into effect ; and it resulted in a change in the politics oi the 
State which has never yet been reversed." — Sprague's Annals ot the 
Am. Pulpit (Episc), v. 351. 

•The amount received from the U. S., before Nov.. 1S17. was $61,500. 
This was apportioned as follows: 

To Congregational Societies $20,500.00 

Trustees of Bishop's Fund S.7S5.7 1 

Baptists' Trustees 7-6$7 5° 

Methodists' Trustees 5.125.00 

Yale College &6571 

Balance unappropriated IO.6l6.o8 



WOLCOTT AND IXGERSOLL. - 37 

turbed, and which every honest man must earnestly desire to 
see restored." 7 

Oliver Wolcott, in former days, had been a federal of the fed- 
erals. He had opposed the re-nomination of John Adams be- 
cause he believed that " we should never find ourselves in the 
straight road of federalism while Mr. Adams is president." 8 
While secretary of the treasury, and after his resignation of that 
office in 1800, he had been charged by the anti-federals, not 
merely with mal-administration and evil counsel, but with down- 
right crime, and, as he on one occasion complained, he had en- 
countered some of " the most flagitious and profligate devices of 
party malice." 9 But retirement from political life and absence 
for fourteen years from Connecticut had given old-time resent- 
ments time to cool. " There were few men in this country " — 
as republican writers now truly averred — " who would more 
advantageously bear a scrutiny of character as to moral qualifi- 
cations, than Oliver Wolcott." Moreover, " he was opposed to 
the Hartford convention; like Washington was a friend to the 
Union, a foe to rebellion ; with mild means resisted bigotry, with 
a glowing heart favored Toleration " ; 10 and as, with all this, " he 
had for the last eight or ten years approved of the general sys- 
tem of measures adopted and pursued by the government of the 
United States," 11 he was deemed an available candidate of the 
coalition. The Mercury — in which, fifteen years before, he had 
been accused of setting fire to the buildings of the War and 
Treasury departments for the purpose of destroying the evidence 
of his frauds and defalcation 1 — cordially supported his nomina- 
tion, and challenged the federalists " to produce a single in- 
stance, throughout his whole life, of impurity of motives in the 
discharge of his public service." 2 

Jonathan Ingersoll, an eminent lawyer of New Haven, had 
been a member of the council, 1792-1798. and a judge of the 
superior court, 1798-1801, and from 1S11 to 1816. He was a 
federalist, in good standing with his party, but his nomination as 

T A.mer. Mercury (rcpubl.). 27th Feb.. 1816. The Hartford ^ Times. 
25th Feb., spoke of the new 'American Toleration and Reform "* ticket, 
as one " agreed upon with respect [inter alia] to the conciliation of 
political parties, the harmony of the different religious denominations, 
and subsidence of the spirit of intolerance." 

* Ante, p. 19. * Admin, of Wash, and Adams, ii. 4SJ. 

19 N. Haven Register, and Am. Mercury, nth Feb.. iSl;. 

" " Aristides." in Am. Mercury. 26th March. 1816, 

'Am. Mercury, Feb. 5th and 25th. 1S01. "Id., 25th March, 181& 



38 TOLERATION TICKET SUCCESSFUL. 

lieutenant-governor was made a condition of the support of the 
new ticket by Episcopalians. Judge Ingersoll was a prominent 
member of that church, and the senior trustee of the Bishop's 
Fund. " It was deemed expedient, by giving the Episcopalians 
a fair opportunity to unite with the republicans, to attempt to 
effect such a change in the government as should afford some 
prospect of satisfaction to their united demands." 3 

The new ticket — first called "American," then "American 
and Toleration " — was not successful in the spring election of 
1816; but the diminished majority of the federal candidates fore- 
shadowed the coming revolution. Judge Ingersoll, by the help 
of federal votes, was chosen lieutenant-governor, by a majority 
of 1,453. ^ r - Wolcott received 10,170 votes, out of 21,759. 

The next year, the same nominations, " adopted at a general 
meeting of the friends of toleration," at New Haven, in October, 
were again submitted to the freemen; and now, Oliver Wolcott 
was elected governor by a majority of about 600, 4 over the fed- 
eral incumbent, John Cotton Smith. Lieutenant-governor In- 
gersoll, receiving the votes of both parties, was re-elected with- 
out opposition, and in the house of representatives there was a 
decided " Toleration " majority. The council — chosen from 
the nominations made in October preceding — was still federal. 
and without its concurrence, the radical changes to which repub- 
licans and tolerationists were mutually pledged, could not be 
effected. 

The first act passed by the general assembly of 18 17, was one 
" securing equal rights, powers, and privileges, to Christians of 
every denomination in this State." It provided that any person, 
separating from any society or denomination of Christians to 
join any other, should, on lodging a certificate of the fact, with 
the tczvn clerk, be exempted from taxation from any future ex- 
penses of the society from which he withdrew. Every society of 
Christians was authorized to lay taxes for the maintenance of 

"" Aristides," 26th March. 1816, and " Episcopalian," in Am. Mercury. 
I2th March. 
4 The legal returns gave: 

Wolcott, 13.655 

Smith 13.119 

Scattering 202 I3J21 

Wolcott's majority 334 

But the correction of some errors in the returns increased this major- 
ity — as the federalists conceded — to about 600. 



REPEAL OF THE STAND-UP LAW. . 1Q 

ministers, the support of public worship, for building meeting 
houses, &c, and all Christian societies were to " have and enjoy 
the same and equal powers, rights and privileges, to every effect, 

I intent, and purpose, whatever." 

kj Even this concession was not sufficiently explicit and broad to 

satisfy the minor sects ; and the next year, another bill was intro- 
duced, for more effectually securing equal rights and privileges to 
all denominations. On the question of referring this bill to a 
committee, Mr. (and the Rev.) Daniel Burrows, of Hebron, said: 
" It was stated that the law of 1817 was designed to extend equal 
rights to all religious denominations ; but it did not change the 
thing ; it did not effect the object or answer the design of the ag- 
grieved party. It contained no declaration which would enable 
them to have recourse to the same measures that were enjoyed 
by the standing order." 5 

In October, 1816, the complete success of the Toleration party 
was assured by placing in nomination their ticket for Assistants. 
In the general assembly, they had again a majority of nearly two 
to one. At this session, the obnoxious " Stand-up Law " was 
repealed. This law was enacted fn October, 1801, to regulate 
the manner of voting in freemen's meetings. It directed that 
in all elections by ballot, the freemen should " lay their ballots 
on the lid " of the box, " and the presiding officer on being satis- 
fied that the ballots given in are single, shall put them into the 
box," &c. And further, that when the freemen were to vote for 
persons to stand in nomination for assistants or rcprescniatizcs in 
congress, they were first to be seated, and when any name was 
proposed for nomination, those who would vote for the person 
so named, should signify it by rising. If the accommodations 
would not admit of seating all the freemen present, the vote 
might be taken " by holding up the hand." Every freeman was 
to be provided with a number of slips of paper " equal to the 
number which are by law to stand in nomination " ; and. at each 
time of his voting, by rising or show of hand, he was to u drop 

* otte of the said slips of paper, that he may not be exposed through 

mistake to vote for more than the prescribed number." 6 This 

jjj Jaw — which deprived the freemen of the privilege of secret bal- 

lot — had become unpopular, even among the federalists. To 



* Debates, in Conn. Courant. * Rev. Statutes, 1S0S. pp. 251, 



40 " CONSTITUTION AND REFORM." 

the republicans and their " toleration " allies it was odious in the 
extreme. 7 It had been a favorite subject of animadversion, with 
their orators and party press. It was one of the few real griev- 
ances of which the freemen had to complain, and contributed, 
perhaps as much as any other, to bring about the political revo- 
lution which began in 1817. 

In April, 1818, the revolution was consummated, by the re- 
election, of Wolcott and Ingersoll, the election of eight new 
assistants, 8 and an anti-federal majority in the house of repre- 
sentatives. 

In this election, the question of a new Constitution was a rec- 
ognized — in fact, the main issue. During the winter of 18 17- 18 
and the following spring, town meetings had been held •* uany 
of the towns, for expression of die views of the freei ' to 

instruct their representatives in the general assembly t *i 

calling a convention to frame a constitution. The u A 
and Toleration Ticket n of 1816, and M Toleration and t 
Ticket " of 1817 — this year appeared under the name of " 
stitution and Reform." The necessity of a change in the form 
civil government had been argued, with much ability, by writei 
in the leading republican newspapers, and in pamphlets which 
were liberally distributed throughout the State. The American 
Mercury, in the first number of the new year, began the publica- 
tion of a series of articles on " The Constitution." addressed " to 
the People of Connecticut." on the benefits to be anticipated 
from the proposed reform and to answer objections which were 
urged against it. The writer, in his first communication, admits 
that, in past years. " the minds of the community had seemed 
generally to revolt against opening the question, choosing rather 
to endure existing imperfections than to throw aside the present 
system. — lest a more perfect one might not be adopted." But 
now, it appeared that all such apprehensions were removed, and 
" the people were agreed, almost without dissension, that some 

' The republicans ascribed the authorship of this law to Lieut. Gover- 
nor (afterwards Governor) Trcadwell. See '" Aristides." on Conn. Poli 
tics, in the American Mercury, 12 March. 1S16. 

* Wm. Bristol. Elijah Boardmen. David Tomlinson, Sylvester Wells. 
John S. Peters. James Lanman. Enoch Burrows, and Peter Webb. Four 
of the old assistants were re-elected: Jona. Brace, Fred. Wolcott, Asa 
Chapman, and Elias Perkins. 

"One of these, on "The Politics of Connecticut: by a Federal Re- 
publican" [GeOrge H. Richards, of New London], was received with 
much favor by the republicans, and widely circulated. 



NEW HAVEN FEDERALISTS FAVOR REFORM. • 41 

changes were expedient to adopt our government to the princi- 
ples of a more enlightened age than that in which it was formed, 
and to reconcile it with the institutions which surround us.'* 

While the republicans and tolerationists were unanimous in 
support of the measure, the federalists were not united in opposi- 
tion. In several towns, prominent members of the federal party 
concurred in the vote instructing their representatives, or 
avowed themselves in favor of a new constitution. The jealous 
rivalry between the two capitals — which dates from the union 
of the colonies — was not without its influence. The modern 
fiction of a " compact " by which the enjoyment of a state house 
and biennial election-parades was guaranteed to Xew Haven for- 
ever, does not appear to have yet gained even local credence ; 
but it was an avowed purpose of the Tolerationists, to abolish the 
October session and provide for the annual meeting of the gen- 
eral assembly alternately at Hartford and Xew Haven, thereby 
placing the two capitals, as nearly as might be, on political 
equality. The prospect of gaining such an advantage of a rival. 
by remodeling the constitution, was an inducement which party 
ties were weak to resist. Many federalists of Xew Haven and 
its vicinity openly favored " Constitution and Reform/' or were 
careful not to manifest their opposition. 

At a town meeting in X T ew Haven, Dec. 29, 18 17. a resolution 
instructing the representatives M to use their interest and exer- 
tions that measures be immediately taken for forming a written 
constitution of civil government," introduced by Henry W. Ed- 
wards and advocated by Ralph I. Ingersoll and Isaac Mills, was 
passed " almost unanimously,'' and the Register, in publishing 
the fact, was " happy to add that many of the most respectable 
and candid of the Federalists have united with the Republicans." 

Other considerations than those which were suggested by sec- 
tarian or local interests contributed to weaken federal opposition 
to ,the projected reform. Circumstances had brought promi- 
nently into notice the most serious defect of the old constitution 
and of the existing form of government — the omission to define 
or limit " the supreme power and authority of the State " which 
was vested in the general assembly without any reservation of 
judicial authority to the proper courts of law. The legislature 
had, from the settlement of the colony, been regarded as the 
court of ultimate resort in all matters, civil and criminal. It had 



42 UNLIMITED POWERS OF THE GENERAL ASSEMBLY. 

for a long time reserved to itself sole jurisdiction in equity, and 
had not yet delegated to the courts the power of granting relief 
in equity, where the amount in controversy exceeded 5,335 dol- 
lars. 10 It might call to account any court or magistrate, and, 
cause found, fine, displace, or punish them, at discretion ; and 
power to grant pardons, suspensions, and reprieves, in capital or 
other criminal cases, was unquestioned. It was natural, there- 
fore, that — the occasional remonstrances of the bench notwith- 
standing — the opinion should be maintained by many, and es- 
pecially by those who. for the time, were invested by popular 
election with this unrestricted power — that "the assembly, by 
virtue of their supreme authority, may superintend and overlook- 
all inferior jurisdictions, and may proceed, upon the principles 
of abstract right and perfect justice, to grant relief to the people 
in all instances in which they have sustained wrong in any possi- 
ble manner whatever." 11 And here was danger of the very evil 
against which the founders of Connecticut sought to guard them- 
selves and their posterity, in framing the constitution of 1639 — 
the " way which leads directly to tyranny, and so to confusion " 
— for, as Hooker believed — when, " in the matter which is re- 
ferred to the judge, the sentence should lie in his breast, or be 
left to his discretion, according to which he should go. is a course 
which wants both safety and warrant." 12 Judge Swift, in 1795, 
though he characterized those who pretended that Connecticut 
had no constitution, as " visionary theorists," did not overlook 
" a question of great nicety and difficulty [which] arises respect- 
ing the constitutional jurisdiction of the general assembly, in 
controversies of a private and adversary nature." Admitting 
that the assembly " possessed the power of doing, and directing, 
whatever they shall think to be for the good of the community," 
he maintained that " it ought to be deemed an inviolable maxim, 
that ivhen proper courts of lazv are constituted, the legislature are 
divested of all judicial authority." 1 But in the absence of any dis- 
tribution of powers, by the organic law, it was not easy to effect 
the separation of the law-dispensing from the law-making power. 
In 1815, the action of the general assembly in a case in which 
Judge Swift (then Chief Judge) was nearly concerned, attracted 

" Rev. Statutes. 1S0S. p. 550. The amount was fixed as the equivalent ol 
1600 pounds, the limit of jurisdiction by the revision oi 1784. P- 19* 
"Swift's System (1795), i- 75- "Ante, p. 7- ' System, i. 74 



JUDGE SWIFT'S VINDICATION. . 43 

general attention, and gave occasion to the publication of some 
excellent " Observations on the constitutional power of the Leg- 
islature to interfere with the Judiciary in the administration of 
justice." 2 At the October session, the general assembly an- 
nulled the judgment and set aside the sentence pronounced 
against a murderer convicted at a special session of the superior 
court, at Middletown — on the ground that the court was irreg- 
ularly' and illegally convened, and that the order for summoning 
the grand jury had been illegally issued. The chief judge, who 
presided at the trial, felt himself constrained to appeal to the 
public in vindication of his judicial character, against the im- 
plied censure of the assembly. " It is true," he observes, u we 
Jiove no zvrittcn constitution ; our constitution is made up of usages 
and customs : but it has been always understood that there were 
certain fundamental axioms which were to be held sacred and 
inviolable, and which were the basis on which rested the rights 
of the people. . . . The government of the State, like most 
others, is divided into three branches, the executive, the legisla- 
tive, and the judiciary. These are co-ordinate and independent 
. _ of each other, and the powers of one should never be exercised 
by the other. ... It ought to be holden as a fundamental 
axiom, that the Legislature should nrccr encroach on the jurisdic- 
tion of the Judiciary, nor assume the province of interfering in 
private rights, nor of overhaling the decisions of courts of law." 
If this principle should be disregarded. "' the Legislature would 
become one great arbitration, that would ingulf all the courts of 
law, and sovereign discretion would be the only rule of decision — 
a state of things equally favorable to lazcyers and crhninals. f ' s 

" Peter Lung's case " gave a new argument to the advocates 
of constitutional reform, and the Chief Judge's M Vindication " 
was well calculated to exert influence in drawing a portion of the 
more conservative federalists to the support of the republican 
and toleration ticket in the elections of the two following years. 

The election of 1818 was regarded by all parties as decisive — 
as to the change not only of the policy, but of the frame of gov- 
ernment. When the assembly met in May. 4 it was well under- 

* " A Vindication of the calling of the Special Superior Court, at 
Middletown ... for the trial of Peter Lung . . . with Observations 
&c. Windham. 1S16. Svo. 

'A Vindication, &c. pp. 40-42. 

* Gideon Tomlinson. of Fairfield, was chosen Speaker: Elisha Phelps, 
of Simsbury, and Samuel A. Foot, of Cheshire, clerks. 



44 gov. wolcott's message, 1818. 

stood that its principal business was to provide for calling- a Con- 
stitutional Convention. Governor Wolcott, in his speech to the 
two houses, at the opening of the session, presented this subject 
to their consideration, with characteristic fairness, caution, and 
good sense : 

" As a portion of the people have expressed a desire that the 
form of civil government in this State should be revised, this 
highly 'interesting subject will probably engage your delibera- 
tions. I presume that it will not be proposed by any one to im- 
pair our institutions, or to abridge any of the rights and privi- 
leges of the people. The State of Connecticut, as at present 
constituted, is, in my opinion, the most venerable and precious 
monument of republican government, existing among men. 
With the exception of less than two years from its first settle- 
ment, embracing a period nearly coeval with the revival of civil 
and religious liberty in Europe, all the powers of government 
have been directly derived from the people. The governors and 
counsellors have been annually, and the representatives semi- 
annually elected by the freemen, who have always constituted the 
great body of the people. Nor has the manifestation of the 
powers of the freemen been confined to the elections. They 
have ever been accustomed to public" consultations and delibera- 
tions of intricacy and importance. Their meetings have been 
generally conducted with the same order and decorum as those 
of .this assembly. No instance is known in which a single life 
has been lost, in consequence of any mob, tumult, or popular 
commotion. The support of religion, elementary schools, pau- 
pers, public roads and bridges — comprising about eight-tenths 
of the public expenses — has been constantly derived from taxes 
imposed by the votes of the people ; and the most interesting 
regulations of our police have ever been and still are enforced 
by officers deriving their powers from annual popular appoint- 
ments. 

" Prior to the establishment of American independence, the 
Charter of Charles the Second of England was viewed as the 
palladium of the liberties of Connecticut. It surely merited all 
the attachment it received ; for whatever had been the claims of 
the British crown or nation, to jurisdiction or territory, they 
were all, with nominal exceptions, surrendered to our ancestors. 
by that instrument ; especially, there was expressly ceded to 
them and their posterity, the inestimable privilege of being gov- 
erned by municipal regulations framed and executed by rulers 
of their own appointment. The revolutionary war of course 
occasioned no change or dissolution of our social system. 

" Considered merely as an instrument defining the powers and 
duties of magistrates and rulers, the Charter may justly be con- 
sidered as unprovisional and imperfect ; yet it ought to be recol- 



REPORT OF THE COMMITTEE. ■ 45 

lected that what is now its greatest defect was formerly a pre- 
eminent advantage, it being then highly important to the people- 
to acquire the greatest latitude of authority, with an exemption 
from British interference and control. 

" If I correctly comprehend the wishes which have been ex- 
pressed by a portion of our fellow citizens, they are now desir- 
ous, as the sources of apprehension from external causes are at 
present-happily closed, that the Legislative, Executive, and Judi- 
cial authorities of their own government may be more precisely 
defined and limited, and the rights of the people declared and 
acknowledged. It is your province to dispose of this important 
subject, in such manner as will best promote general satisfaction 
and tranquillity." 

The House of Representatives raised a select committee of 
five, " on so much of the Governor's Message as relates to a re- 
vision of the form of civil government," and Messrs. Orange 
Merwin of New Milford, David Plant of Stratford, Shubael Gris- 
wold of East Hartford, Nathan Pendleton of North Stonington. 
and Nathaniel Griffing of Guilford were appointed as such com- 
mittee. The Council passed a resolution appointing the Hon. 
Elijah Boardman (Rep.) and Hon. William Bristol (Tol.) with 
such gentlemen as might be designated by the house, as a joint 
committee, — and sent it down for concurrence. The House 
refused to consider it, and ordered it to lie on the table, until 
the committee they had already appointed should report. 

The House committee presented the following report: 

" General Assembly, May Session, 1818. 

" The Committee appointed on that part of His Excellency 
the Governor's Speech which relates to a revision of the form of 
Civil Government in this' State, Report : 

That in conducting their minds to a result on this deeply im- 
portant subject, your committee have deemed no small deference 
due to public feeling and opinion. From resolutions adopted in 
many towns, and petitions from a respectable number of our fel- 
low citizens in others, together with information derived from 
various other sources, they can entertain no doubt of a general 
manifestation of a desire for a revision and reformation of the 
structure of our civil government and the establishment of a 
Constitutional Compact. 

As all just political power is founded on the authority of the 
people, and instituted for their safety and happiness, a free and 
deliberate expression of the public will as to any modification of 
that power is eminently entitled to regard. — a regard strongly 
enforced by the consideration, that no government, whatever in 
other respects may be its character, can be expected to produce 



46 RESOLVE. 

the best effects, to which the governed are not attached by affec- 
tion and respect. 

Although the political happiness which has been enjoyed 
under the laws and government of this State affords cause for 
grateful acknowledgment, yet, in the opinion of your commit- 
tee, this happiness is to be ascribed to other causes, rather than 
to any peculiar intrinsic excellence in the form and character of 
the government itself. Destitute of fundamental laws defining 
and limiting the powers of the Legislature, the citizen has no 
security against encroachments on his most sacred rights, and 
violations of the first principles of a free government, except 
what may be found in the dependence of that body on the fre- 
quency of popular elections. Yet even these boasted barriers 
against arbitrary power may at any time be prostrated by the 
Legislative will. What sufficient security, then, have the people 
against the most extravagant exercise of power by such a Legis- 
lature, always liable to be impelled by passion, caprice, and party 
spirit, or to be influenced by intrigue or misinformation ? There 
is none to be found in the theory of our government, and experi- 
ence, to which we, with regret, recur, may teach us that there is 
none elsewhere. 

The organization of the different branches of government, the 
separation of their powers, the tenure of office, the elective fran- 
chise, liberty of speech and of the press, freedom of conscience, 
trial by jury, — rights which relate to these deeply interesting 
subjects ought not to be suffered to rest on the frail foundation 
of legislative will or discretion. 

Regarding the present as a period peculiarly auspicious for 
carrying into effect the wishes of our fellow-citizens on this im- 
portant subject, — a period in a great measure happily free from 
the agitation and collision of party spirit, and in which we have 
the advantage of the instruction which experience has alike de- 
rived from the excellencies and faults of the Constitutions of 
our sister States, your committee beg leave to recommend the 
adoption of the accompanying Resolution. 
Per order. 

Oraxge Merwtx, Chairman. 

The Resolution, as subsequently completed, by filing the 
Dlanks left by the Committee, was as follows : 

Resolved by this Assembly. That it be. and it is hereby recom- 
mended to the people of this State, who are qualified to vote in 
Town or Freemen's Meetings, to assemble in their respective 
towns, on the fourth day of July 1 next at o'clock in the morn- 
ing at their usual place of holding Town or Freemens Meetings, 
and, after having chosen their presiding officer, then and there 
to elect, by ballot, as many delegates as said towns now choose 
representatives to the General Assembly, who shall meet in con- 

1 The words printed in italics were inserted by the House. 



CALLING A CONVENTION. 47 

vention at the State House in Hartford, on the 4th Wednesday 
of August next, and when so convened shall, if it be by them 
deemed expedient, proceed to the formation of a Constitution of 
Civil Government, for the people of this State : a copy of which 
Constitution, when so formed, shall be by said convention forth- 
with transmitted to each town clerk in this State, to be by him 
submitted to the qualified voters in the town to which he belongs, 
assembled 'at such time as said convention may designate ; which 
time shall not be less than one week, nor more than three weeks 
from the rising of said convention, for their approbation and 
ratification : and said Constitution, when ratified and approved, 
by such majority of said qualified voters convened as aforesaid, as 
shall be directed by said convention, 1 shall be and remain the Su- 
preme Law of this State. 

And be it further resolved, That it shall be the duty of the Se- 
lectmen in the several towns aforesaid, to give legal notice of the 
time, place, and object of holding town meetings as aforesaid, 
whether for the election of Delegates, or for the ratification of 
the Constitution : and the votes in the meetings for the choice of 
delegates shall be counted, and certificates of election shall be 
supplied to said delegates, in the same manner as is now prac- 
tised in the election of representatives to the General Assembly. 
And the presiding officer chosen by said meetings for ratifying 
the Constitution as aforesaid, shall, as soon as may be, transmit 
by the representatives of their respective towns, to the General 
Assembly next after such meetings are held, a certified statement 
of the number of votes given in said towns, on the question of 
ratifying said Constitution, both affirmative and negative, and 
a like statement said presiding officer shall also lodge with the 
town clerks of their respective towns, which votes shall be re- 
turned to said assembly, and counted in the same manner, as is 
by law provided for returning and counting the votes for Gov- 
ernor of this State. 

And be it further resolved. That two-thirds of the whole num- 
ber of delegates so elected, shall form a quorum, and said con- 
vention shall choose a president and clerk : and the clerk of said 
convention having been sworn to a faithful discharge of the 
duties of his office, shall proceed to administer to the president 
and members thereof, the following oath or affirmation, viz : 

" You, being chosen delegates to this convention for the pur- 
pose, if need be, of framing and devising a Constitution of Civil 
Government for the people of the State of Connecticut, do sol- 
emnly swear (or affirm) that you will faithfully discharge the 
trust confided to you." 

And said delegates shall be allowed the same fees for travel 
and attendance on said convention, as is now by law allowed to 
the Representatives to the General Assembly. 



4& AMENDMENTS PROPOSED. 

Be it further resolved, That all such persons as are, or may, at 
the time of either of said meetings, be qualified by law, and dulv 
certified as such, by the lawful board for said purpose, to be 
made freemen of this State, may then and there be admitted and 
sworn, and shall be authorized to act as such, in the business of 
said meetings. 

An unsuccessful attempt was made to amend the resolution — 
on motion of Samuel A. Foot — by substituting, in the sixth 
line, the words " one delegate," for, " as many delegates as said 
towns now choose representatives to the general assembly." 
This was opposed by Mr. Channing of New London and .Mr. 
Austin of New Hartford, and was rejected. 

To a motion to fill the first blank, by fixing the " fourth day 
of July " as the time of holding the freemen's meetings for the 
choice of delegates, Mr. Griswold of East Hartford (Fed.) ob- 
jected, because this was a holiday, and moreover, the fourth of 
July happened this year to fall on a Saturday, when it was in- 
convenient to the freemen to attend town meetings. Col. John 
McClellan, of Woodstock (Fed.) " could not agree with the 
gentleman from East Hartford ; he knew the fourth of July was 
a merry day, but he thought, if the people began early in the morn- 
ing, they would be able to get through before they ivere disquali- 
. fied to vote." 2 

On filling the remaining blank — thereby determining what 
majority should be required for ratification — there was more 
diversity of opinion and longer debate. Mr. John Alsop. of 
Middletown, proposed " two-thirds of the whole number of 
towns." Mr. James Stevens, of Stamford, proposed " three 
fifths " instead of " two-thirds." 3 Mr. Austin, of New Hartford, 
objected to both propositions, because " two-thirds of the whole 
number of towns might not contain one-fourth of the people." 
Mr. Calvin Butler, of Plymouth, wished to substitute " four- 
fifths." Mr. Foot preferred to leave this question to be decided 
by the convention itself. Air. Jonathan YV. Edwards, of Hart- 
ford, moved to fill the blank with the words. u which, when rati- 
fied by three-fifths of the le^al voters of this State, assembled in 
legal town meeting warned for that purpose, shall become the 
Constitution and supreme law of the land," and by vote of the 
house the blank was so filled. But the bill having been re- 
turned to the committee for revision, they reported it with an 

' Report of debates, in Conn. Courant, June oth. 

8 Had either proposition been adopted the Constitution would not have 
been ratified. It received in October a majority of the votes in only 
fifty-nine of the one hundred and twenty towns. 



SPEECH OF J. W. EDWARDS. . 49 

amendment requiring only a " majority of the freemen," and this 
amendment was accepted by the house — by a bare majority 
(yeas, 81 ; nays, 80). Mr. Foot then offered another amend- 
ment, providing for ratification " by such majority of the quali- 
fied voters as shall be directed by said convention" and this was 
finally adopted. 

The resolution was supported in debate, by Mr. Plant of Strat- 
ford, Mr. Foot of Cheshire, and Mr. Burrows of Hebron, and 
opposed by Mr. Griswold of East Hartford, and Jonathan \Y. 
Edwards of Hartford. An abstract of Mr. Edwards' speech, 
from a newspaper report, 4 may appropriately be inserted here, 
as presenting the views of the federal minority and the grounds 
of their opposition to a change in the form of civil government : 

" Mr. Jona. W. Edwards, of Hartford, said : I do not rise, 
Mr. Speaker, at this late hour, under the expectation that any 
observations which I may make will change the vote of a single 
member of this house ; but as I deem it my duty to give my vote 
* on this bill, I shall not hesitate to avow the reasons by which I 

am influenced. 

" We are blessed with a Constitution, sir, and if it is not a writ- 
ten one, it is one under which the citizens of Connecticut have 
enjoyed more peace, more happiness, and more freedom, than 
could ever be boasted of by any other people under any other 
government. Our form of civil government has remained from 
1662, almost without a change. It was in its first outlines 
formed by all the free male inhabitants of the three towns of 
Windsor, Hartford, and Wethersfield. Afterwards the Charter 
of Charles was drawn, in this town, made as we wished, and sent 
to England for ratification. It rendered us independent, and 
accordingly we were governed solely by laws made by ourselves. 
The royal and proprietary governments were dissolved by the 
revolution — but ours, a charter government, remained unal- 
tered. The first charter was drawn up, perhaps, about the spot 
where I now stand. It was drawn up. sir. at the request of the 
people. It was not a charter of King Charles, but a charter of 
the people, and under it we have always exercised all the powers 
of government, and have enjoyed as much freedom as has fallen 
to the lot of any other community. The assent of the people, by 
long usage and acquiescence, has been as fully expressed, as if 
the votes of the people had been taken, and the assent is less 
equivocally expressed than even by a vote. What advantage. 
then, shall we gain, sir. by a written Constitution? A written 

I Constitution appears to me to be of no value, except in two 
cases : First, where a people have been holden in servitude, and 
. — . 

* Conn. Courant, June 9th. 



5° THE CONVENTION CALLED. 

have obtained their freedom from their sovereigns. All the 
people of Europe have emerged from a state of vassalage ; thev 
were once the dependents of their military chieftains, and the 
privileges which they now enjoy were extorted by degrees from 
their lords, and holden by charter. To such a people a written 
constitution is highly important. The other case in which it is 
proper to have a written constitution, is where several sovereign 
states are united under one general and federal government. It 
is indispensably necessary to have the limits of the general and 
of the particular government accurately defined by a written con- 
stitution. The State of Connecticut is not composed of inferior 
sovereignties. As a state, it is one and indivisible. Neither do 
the people hold their liberties from the grant or license of any 
lord or sovereign ; they are of themselves free, sovereign, and 
independent; they can never be more free ; they cannot even form 
a Constitution, without relinquishing some part of their free- 
dom — the freedom, at least, of changing their laws whenever 
they are dissatisfied with their operation. They now choose one 
branch of the legislature half-yearly, and the other annually, so 
that no law will probably continue in force more than six 
months, and certainly it cannot more than one year, before it 
will be abolished, if the people wish it. The people, therefore, do 
not ask for a Constitution — and those who are now in power 
may be satisfied with uncontrolled dominion. They surely can- 
not wish to part with the power of making wholesome laws and 
regulations ; and they will not admit that the people are in any 
danger from their usurpations. I think, sir, we have nothing to 
gain, and have much to hazard, by an innovation. If, however. 
we must have a Constitution, I would postpone it- till the next 
session of the Legislature, and if we must then form a Constitu- 
tion, we ought all to join and make it as perfect as possible.'' 

The resolution was adopted June 2d. and the Assembly ad- 
journed, on the 6th. 

The result of the town elections on the fourth of July assured 
a considerable majority to the Tolerationists, in the convention. 
Both parties had placed in nomination their strongest men. and 
although, in a few towns, sectarian resentment or party spirit 
prevented the election of some whose talents and experience 
qualified them to take a prominent part in the work of recon- 
struction, yet the federalists did not hesitate to admit, that " the 
freemen seemed to have been in a great measure impressed with 
the importance of the subject, by selecting, for the most part, 
judicious and intelligent men, instead of furious and bitter parti- 
sans," — including " many who had long possessed and deserved 



THE CONVENTION ORGANIZED. -51 

the confidence of their fellow-citizens." And all parties con- 
curred in expressions of confidence " that the wisdom, patriot- 
ism, and experience of the members of this Convention, would 
enable them faithfully and satisfactorily to discharge the great 
and responsible duties of their station — to frame a Constitution 
that will be acceptable to every class of freemen." 5 

Such confidence was well-grounded. Seldom, if ever, has any 
body of men so respectable, by the character, talents, political 
experience, and good sense of its members, been convened in 
Connecticut. 

The federal leaders accepted the coming constitution, as in- 
evitable, and, refraining from any parade of hopeless opposition, 
directed their efforts to preserve as much as possible of the es- 
tablished institutions of Connecticut under a new form — and 
distribution of the powers — of government. " Federalists," 
they said, " are far enough from being opposed to a constitution, 
and instead of being ' enemies to it ' [as had been charged upon 
them], will be heartily glad to co-operate with all honest repub- 
licans, to form such a constitution of civil government as will 
secure to the freemen of Connecticut ' equal rights ' and a con- 
tinuance of those numerous privileges which have so long dis- 
tinguished the people of this State." 6 

On Wednesday, August 26th, the Convention met, in the Hall 
of Representatives at Hartford. It was called to order by the 
Hon. Jesse Root of Coventry, the oldest delegate present, and 
proceeded to the choice of a clerk. Some discussion was had, 
as to the propriety of conferring that office on any person who 
was not a member of the Convention. Thomas Day, the secre- 
tary of the State, was the leading federal candidate. On the 
first ballot, the vote stood : James Lanman, 37 ; Thomas Day, 
35; Gideon Tomlinson, 26; Ralph I. Ingersoll, 21; Timothy 
Pitkin, 18; and 22 scattering. Mr. Lanman was chosen, on the 
third ballot. 7 

Governor Wolcott, who came as one of the delegates from 
Litchfield, was elected president of the Convention. 

In the afternoon of the same day, on motion of Mr. James 
Stevens, it was 

' Conn. Courant, July 14, 1818. The writer estimates the strength of 
parties in the Convention at 105 Democrats, 95 Federalists. 
*Conn. Courant, June 21. Mbid.; Journal of Convention. 



: : : . : : tt : z 



" ?.::■:'.: ■: i 77i: :'. ::i I:r.-±-v.:- :: Lz :~ .::::'::.;-::: z~ - 
ceed 2 :ne to form a Constitution of Civil Gov ernme nt lor 

the :t:: : : : :>7i 5:z:r 



7 e next morning, on motion of Mi Robert 7i:rch3d, it was 
resolved to appoint, by ballot, a committee of three iiw mIh i ■ 
from each county, to draft a Cons: 
: t f : - : ~ 7 ? : : ~ ~ 

For the counry of — 

- : _-.zt ' " - : : "- _::: :ri 



"N 



'r.ir.i::i . m :.: r :: 

7 .5-1 7 r ;: 

\ YViLnam Bristol, 
New Haven j Nath an, S 
"77.2:i: 7 

Hoses Wanes :: 7 ze. 

Nt 7 1:1 . ::ii- 7firr:ei 

( 7nfi l^izn. ::2":r~ ::z. 

, ?:e—": 7.7 irif :: - ::: ~i 

Fair-eld "_ bcs Strrei 

7 it 1 I :~ is:z ::" 7 

7e:er '":. : :: :~. 

V.z-211:: - 7::;e l::i.: :: 7::z:s:i 

' Z:z:i: 7ree~m :: 17i:ir.: 

Jolni '", 1 

Litchieli: .-.i^nsris 1 -::. : ::.: :: 

J :j.i^ r V ; - .- ; ; . 

:i:: r: : ;: 7 7.::;-: 

Middlesex im 77:z -en ::: :: _-^m. 

( 7i:n i> 1 iz :: L . in: 

[Dnd 7::::^ 

Tc.ii i J Asa Willey ;: -1 7r.r::r. 

( Jc nn S. ? c 

More than half the members of this comrr ready 

attained honorable distinction in professional or pobtic Efe. 
Others, no: m .veil knc : :he people, were soon tc 

ci7ei :: :r:r:r:i::: :rvs:s 1::: :: n: 1 = .:.: 1 7-: rimers :~. 
the g-7: :: :7e 5:i:: ".ere;-: Emmis — •; "is :7:>;~ 
chairman — was rcga ed by the federc rontrive- 

the coalitic: eame into power under the 

r.ir :: " :7.erm:r7 7: m7 7. 7 :':.: : rr.ee ;: .7c;~ e: the 
U. S. district court, to 1 Mr. J ertersott. 

"He and Mr. Amasa 7imed hi 

:ich, th:: 
ITniliil Slates 7 nre other Ideg :he convention of 1788* 



THE DRAFTING COMMITTEE. . 53 

were in the convention of 18 18, namely, Jesse Root, John Tread- 
well, Stephen Mix Mitchell, Aaron Austin, and Lemuel Sanford. 
Five members of the committee (Messrs. Bristol, Wells, Peters, 
Lanman, and Webb,) were assistants. Three (Messrs. Pitkin, 
t Edwards, and Learned) had been representatives in congress, 

and five others (Messrs. Phelps, Stevens, Tomlinson, Merwin, 
and Burrows) were afterwards elected to that office. Gideon 
Tomlinson and John S. Peters became, in turn, governors of the 
State, and James Lanman, Nathan Smith, and Tomlinson, sen- 
ators of the United States. 

Considering the hostility to Yale College which had been man- 
ifested by some of the republicans and the jealousy with which 
its relation to the State was regarded by dissenters from the es- 
tablished order, it is remarkable that so many alumni of Yale 
were chosen delegates to the convention, and that twelve of these 
L were placed on the committee (of twenty-four) to draft a consti- 

tution. 8 

Five members of the committee were taken from the federal 
minority, — Messrs. Pitkin, Todd, G. Larned, Pettibone, and 
Willey. Of these, Mr. Pitkin had been the most prominent in 
his party, and had the largest experience in public affairs. He 
had represented his town in twenty sessions of the general as- 
sembly, had been five times speaker of the house, and since 1805 
a representative in congress. Nathan Smith, of New Haven, 
though a federalist by conviction and affinity (his brother, Judge 
Nathaniel, was a delegate to the Hartford Convention of 18 14). 
f was now — as an episcopalian, a trustee to the Bishop's Fund, 

and the agent of his church to obtain an appropriation from the 
State — associated with the republicans for " toleration and re- 
form." 

Among the delegates to the convention at large, were three 
honored chiefs of federalism and pillars of the established order; 
the venerable ex-chief-judges, Jesse Root (now in his eighty- 
second year) and Stephen Mix Mitchell (in his seventy-fifth), and 

"Hon. Nathan Smith, who received an honorary degree of A.M. in 
1808, is included in this number. Dr. John S. Peters was a fellow of 
) the Connecticut Medical Society, but did not receive from Vale the de- 

gree of M. D., till after the meeting of the convention. Two mem- 
bers of the committee. Messrs. Larned and Freeman, were graduates of 
Brown University. Thirty-nine delegates to the convention were alumni 
or honoraries of Yale. William Hunger ford, of the class of 1809, and 
Thomas Lyman, of 1S10, were the two youngest graduates on the com- 
mittee. 



54 THE CONVENTION. 

ex-governor Treadwell (in his seventy-third). Gen. Nathaniel 
Terry, of Hartford, divided with Gov. Treadwell the leadership of 
the party in the convention. The Hon. Aaron Austin of New- 
Hartford, another federal delegate, had sat with the assistants at 
the council-board for nearly a quarter of a century, till displaced 
by the revolution of 1818. 9 The Hon. Wm. Perkins of Ashford, 
Col. Shubael Griswold of East Hartford, Gen. Levi Lusk of 
Wethersfield, the Rev. Aaron Church of Hartland, Henry Terry, 
Esq., of Enfield, Col. John McClellan of Woodstock, were well 
known as federalists and friends to the established order. 

On the side of Toleration and Reform, prominent among the 
original republicans and their recognized leader, was Alexander 
Wolcott, of Middletown, a Jeffersonian democrat of the most 
pronounced type, who, " more than any other individual, de- 
serves to be considered as the father and founder of the Jeffer- 
sonian school of politics in this State." 10 The Rev. Asahel 
Morse (Baptist) of Suffield, the sometime Rev. Daniel Burrows 
(Methodist) of Hebron, Joshua Stow of Middletown — whose 
misadventure with the republican circular in 1806, supplied the 
federalists with some capital and gave his " saddle bags " a place 
is political history, 1 — Gen. Joshua King of Ridgefield, David 
Tomlinson of Oxford, one of the new Toleration councillors. 



"His town gave only 34 votes for — to 156 against — the Constitution. 
in October. 

"Hon. John M. Niles; quoted in Stiles's History of Windsor, p. S34. 
The federalists of 1800 to 1817, though they would not have hesitated 
to concede this position to the " State Manager " of his party, would 
hardly have accepted, without dissent, Mr. Niles' eulogy of Alex. Wol- 
cott, as a man who, " always frank in his purposes, was equally direct 
in his means, despising chicanery and artifice, the constant resource of 
feeble minds." 

V Joshua Stow, whom the State Manager [Wolcottl had appointed 
County Manager, lost his saddle bags filled with copies of the general 
orders. They fell into the hands of gentlemen who had no interest to 
promote, by secrecy, and thus they were published in the federal papers." 
— The Sixth of August, or the Litchfield Festival, [Hartford] 1806. p. n. 

"These men have reduced their plan to a system, and they are com- 
pletely organized and officered. This is fully evidenced, by a circular let- 
ter, from their Chief Manager. This letter was a business of secrecy. 
but providentially discovered; it was safely committed by the post, to the 
portmanteau on the horse; but the horse, like Absalom's Ass. despised 
his burden, and frighted at the contents, broke his fast and ran, till the 
letter was dislodged in the street. Here were peremptory, yea. sovereign 
orders given to every town manager." &c " What friend to his country 
can read the Manager's letter without alarm? If so. he must have less 
feeling than the horse, who generously communicated the contents to the 
public." — The Two Brothers: a Dialogue. Hartford. 1806, p. 12. 



DISCUSSION ON THE BILL OF RIGHTS. ' 55 

Christopher Manwaring, of New London, were republicans such 
as partisan speakers of our time are wont to honor as the " old 
war horses " of democracy. Several of the most distinguished 
members of the party — besides those already mentioned — were 
on the drafting committee. Besides Dr. Sylvester Wells and Dr. 
John S. -Peters, (both members of that committee,) there were in 
the convention at least a dozen physicians, nearly all on the tol- 
eration side : Dr. Shelton of Huntington, Perry of Woodbury, 
Turner of Norwich, Lacey of Brookfield, Jehiel Williams of New 
Milford, and others: Drs. Bela Farnham of East Haven, and S. 
Everest of Canton were with the federalists. 

Mr. Lanman having been placed on the drafting committee, it 
became necessary to provide an assistant clerk for the conven- 
tion, and Robert Fairchild was chosen. 

On Friday, Aug. 28th, the committee, by their chairman, made 
a partial report,- submitted a Preamble, and a Bill of Rights, be- 
ing Article I. of the Constitution. The discussion which ensued 
— unimportant in itself — indicated the result at which the con- 
vention, constituted as it was, must almost of necessity arrive. 
It was evident that the new constitution was not to be fashioned 
as an engine or a platform of party. The tolerationists — many 
of whom were drawn from the federal ranks — would accept the 
republicanism of their allies, but stopped short of pure democracy. 
All that was vital in the first constitution and the charter, was 
to be preserved in the new frame of government. " The great 
and essential principles of liberty and free government " would 
be recognized and established, but the liberty must be enjoyed 
under the restraints of established law. 

Gov. Treadwell, for the old federalists, and Alex. Wolcott, for 
the democrats, opposed the incorporation of any bill of rights in 
the constitution. The former argued that, u such a declaration 
of rights might be proper and expedient, or even necessary, if we 
had to contend with a tyrant, or an aristocracy disposed to wrest 
from the people their rights, — but it was well known, that all 
power is vested in the people and exercised by a government ap- 
pointed by the people. Was it then necessary to make certain 
regulations for that government which should be unalterable* " l 

1 Debates in Conn. Courant. Gov. Treadwell's argument is the same 
-which Alex. Hamilton presented in The Federalist. No. i.xxxiv. (Daw- 
son's ed., p. 598, ff.). 



56 RIGHTS OF CONSCIENCE. 

Mr. Wolcott objected to such a bill, because it circumscribed the 
powers of the genera! assembly, and offered specific objections 
to several clauses. 

When the fourth section — " no preference shall be given bv 
law to any religious sect or mode of worship " — was under dis- 
cussion, "the Rev. Asahel Morse offered the following substitute : 

"That -rights of conscience are inalienable; that all persons 
have a natural and indefeasible right to worship Almighty God 
according to their own consciences ; and no person shall be com- 
pelled to attend any place of worship, or contribute to the sup- 
port of any minister, contrary to his own choice." 

The substitute was opposed by Mr. Pitkin and Gov. Tread well, 
(feds.) and by P. Edwards (repub.), and was rejected. A mo- 
tion was afterwards made, to amend by adding the last clause of 
Mr. Morse's proposed substitute. This also was rejected. On 
the motion of Gov. Treadwell — opposed by Alex. Wolcott, but 
sustained by Pierpont Edwards and Nathan Smith. — the word 
" Christian " was substituted for " religious.'' With this amend- 
ment the section was approved and adopted, notwithstanding the 
opposition of Messrs. Wolcott, Burrows, and Joshua Stow.* 

The second, third, and fourth articles were reported by the 
committee on Tuesday, September i. 

Their final report, comprising Articles VII. to XI. inclusive. 
was presented on Friday, September 4th. 

Each article was considered by the convention — first, by sec- 
tions; then, after discussion and amendment of the several sec- 
tions, the whole article was again open to amendment before the 
question was taken on its adoption. And when the several 
Articles had been, in turn, approved, the whole instrument, hav- 
ing been printed as amended, was again subjected to revision and 
amendment before receiving the final approval of the convention. 

The seventh Article — " Of Religion " — was the subject of 
protracted and lively debate. The federalists contested its pas- 
sage, at every point, and succeeded in modifying, in important 
particulars, the draft of the committee, but they could not pre- 
vent the complete severance of church from state, the constitu- 
tional guaranty of the rights of conscience, or the recognition of 
the absolute equality, before the law, of all Christian denomina- 
tions. 

s Debates, in Conn. Courant, and Journal of the Convention. 



DEBATE OX THE SEVENTH ARTICLE. ■ 5~ 

To the first clause, as reported : " It being the right and duty 
of all men to worship the Supreme Being, the great Creator and 
Preserver of the Universe, in the mode most consistent with the 
dictates of their consciences " — Gov. Treadwell objected, that 
) " conscience may be perverted, and man may think it his duty to 

worship his Creator by image, or as the Greeks and Romans did : 
and though he would tolerate all modes of worship, he would not 
recognize it in the Constitution, as the duty of a person to wor- 
ship as the heathen do : n and Mr. Tomlinson subsequently 
moved to amend this clause to the shape in which it now stands 
(" the duty of all men to worship . . . and their right to ren- 
der that worship," &c.) Gov. Treadwell also objected, that this 
clause " goes to dissolve all ecclesiastical societies in this State." 
— and this was doubtless the intent of its framers. Mr. Stow 
thought, " if this section is altered in any n'ay, it will curtail the 
great principles for which we contend." 3 The committee's draft 
was supported, in debate, by Alex. Wolcott, Mr. Tomlinson. 
Daniel Burrows, Pierpont Edwards. Messrs. Waldo, Hart, Ste- 
vens, and Lanman, and opposed by Gov. Treadwell, Nathaniel 
Terry, and Timo. Pitkin. The first section was adopted by a 
vote of 103 to 86, and a motion by Mr. Pitkin to strike out the 
whole of the second section was rejected by 105 to 84.* These 
votes indicate, nearly, the relative strength of parties in the con- 
vention. On the final revision of the constitution. Mr. Terry 
offered two amendments to the first section — the effect of which 
was to continue the old ecclesiastical societies and to secure their 
legal rights and privileges as corporate bodies: and these amend- 
ments were adopted by the convention, without a call of the 
!yeas and nays. 5 
* This article (as I was informed by the late Mr. Hunger(ord) was 
assigned by the drafting committee to Messrs. Gideon - and 

Joshua Stow. Its first clause, as reported, seems to have been taken, 
slight change of language, from Gov. V - speech to the general 

assembly in May. 1S17: u It is the right and duty of every man publicly 
and privately to worship and adore the Supreme Creator and Preserver 
of the Universe, in the manner most agreeable to the dictates of his own 
conscience." The statement has been rrpeatedly made, by 
authority is entitled to respect, that "the Article on Re 
in the Constitution was drawn up by the pen of Rev. Asahe! Mor.- 
Baptist minister in Surrleld. who was a delegate to the Convention, 
is manifestly incorrect — unless Mr. Morse was the draftsman of the 
governor's speech in 1817. As is mentioned above. Mr. Mora 
a substitute for the fourth section of the bill of rights, but this was 
jected. 

* Debates in Conn. Courant. Sept. 226: and Journal, pp. 49-54 

'Journal, p. 67. 



58 THE CONSTITUTION ADOPTED. 

On Tuesday, September 15th, "the draft of the Constitution, 
as amended and approved when read by sections, was read 
through for. the last time before the final question of acceptance 
or rejection. The Constitution was then accepted and approved 
by yeas and nays, — Yeas, 134; Nays, 61." 

The names of Nathaniel Terry, Judge Mitchell, William Todd, 
John McClellan, and other prominent federalists, are found 
among the yeas ; while those of Alex. Wolcott, James Stevens, 
and Robert Fairchild are with the nays. 

After the vote was taken, a resolution, offered by Gideon 
Tomlinson, was passed by the convention, directing that the en- 
grossed copy of the Constitution should be signed by the presi- 
dent and countersigned by the clerks, and deposited in the office 
of the Secretary of the State ; that seven hundred copies should 
be distributed by the Secretary, to the several towns ; " and that 
the number required to approve and ratify said constitution, be 
a majority of the qualified voters present and voting " at the 
town meetings to be held on the first Monday in October, agree- 
ably to the Resolution of the General Assembly by which the 
convention was called. 

Unsuccessful attempts to amend the last clause of this resolu- 
tion, were made, by motions to substitute, for the majority requi- 
site to ratification, three-fifths, — four-sevenths, — and five- 
ninths, of the number of votes given. 

The engrossed copy of the Constitution having been signed. 
by the president and clerks, and delivered to the Secretary, on 
Wednesday morning, September 16th, the Convention ad- 
journed, after a session of three weeks. 

Fortunately, for the best interests of the State, the Constitu- 
tion now submitted to the votes of the people, was not altogether 
such as either federalists or republicans wished to make it. In 
all its more important features, it was the result of compromise 
between radical democracy and the conservative federalism 
which held to old institutions, to established order, and to the 
" steady habits u which had given a name and character to Con- 
necticut. Moderate men, of all parties, were content with the 
work of the convention. To the republicans, generally, the 
overthrow of " charter government " was a triumph — even 
though the reforms to be effected thereby were less sweeping - 
than they had hoped to make them. The so-called toleration 



RATIFICATION BY THE PEOPLE. ■ 59 

party had gained the ends at which they professed to aim, in the 
guaranty of perfect religious liberty and the enjoyment of " the 
same and equal powers, rights, and privileges " by all denomi- 
nations of Christians. Jeffersonian democrats of the old school 
were not so well satisfied. Alexander Wolcott, as we have seen, 
voted aga'inst the amended draft. " The deliberations and con- 
clusions of a majority of the convention were not such as to com- 
mend themselves to the enlarged comprehension, the progres- 
sive republican mind, and high expectations of Wolcott," — so 
wrote his friend and eulogist, himself one of the most distin- 
guished of Wolcott's successors in the leadership of his party : 
" The Constitution as presented, he discovered as defective, as 
unjust, as founded on no basis of republican equality, as avoid- 
ing in important particulars accountability and responsibility, as 
a mere embodiment of the charter of 1662, which, though liberal 
in its day, was not adapted to present circumstances and the 
changed condition of the country and times in 1818." 6 

Ratification by the people was for some time doubtful. As is 
always the case where a compromise is effected by mutual con- 
cessions, the proposed constitution encountered warm opposi- 
tion without receiving from its friends of either party very zeal- 
ous support. A federal editor, reviewing the work of the con- 
vention, expressed what appears to have been the general senti- 
ment: 

" We can say with truth, that many of the members with 
whom we have conversed, dislike it, and though they voted for it, 
as a choice of evils, did not consider themselves pledged to sup- 
port it in town meeting." 7 

So many of the democrats were dissatisfied with it, that but 
for the help of a considerable portion of the federal party, it 
must have failed of ratification. The federal delegates who had 
voted for it in convention, nearly all supported it, in good faith, 
when submitted to the people, and their example and influence 
brought it many federal votes. 8 

* Hon. John M. Niles, as quoted in Stiles's History of Windsor, p. 835. 

* Conn. Courant, Sept. 22. 
'The late Seth P. Beers, who was one of the last survivors of the 

toleration leaders of 1S1S, expressed to me (1S62) his decided belief that 
Gen. Nathaniel Terry, by personal and political influence, did more than 
any other individual to secure a majority for ratification — and that had 
he opposed the constitution, it could not have escaped defeat. 



6o BECOMES THE SUPREME LAW. 

On the first Monday (fifth) of October, the constitution was 
ratified by the freemen by a majority of 1,554, in a vote of 
26,282.° By counties the vote stood as follows : 





Yeas. 


Nays. 


Hartford, 


• 2,234 


2,843 


New Haven, 


• 2,385 


i,572 


New London, 


. i,740 


792 


Fairfield, 


. 1,836 


1,019 


Windham, 


• *>777 


1,671 


Litchfield, 


. 2,027 


2,779 


Middlesex, 


• 1,051 


786 


Tolland, . 


. 868 


902 



13,918 12,364 

The four southern counties, New Haven, New London, Fair- 
field, and Middlesex, with a vote of 11,181, gave a majority for 
ratification of 2,843 i tne northern tier, Hartford, Windham, 
Litchfield, and Tolland, with a vote of 15,101, gave a majority 
of 1,289 against ratification. 

When the votes had been counted, at the October session, 
the Assembly requested the governor to issue his proclamation 
declaring that the constitution had been duly ratified, and the 
Secretary was directed to cause the constitution to be engrossed 
on parchment and enrolled, with the State seal affixed, and 
deposited in his office. Governor Wolcott's proclamation was 
issued on the twelfth of October, and thereafter, " the Constitu- 
tion of civil government for the People of the State of Connecti- 
cut, framed by a Convention and published on the fifteenth day 
of September last," was " to be observed by all persons whom 
it doth or may concern, as the Supreme Lazv of this State." 

As Abraham Bishop predicted in 1804, the " Constitution gave 
a death blow to Connecticut federalism " — that is, to that type 
of federalism which identified itself with the established order in 
the church, and believed, with the elder Winthrop. in " the un j 
warrantableness and unsafeness of referring matter of counsel 
or jurisdiction to the body of the people." But the disintegra- 

9 Exclusive of the town of Burlington, which made no returns. The 
vote by towns is printed with the Journal of the Convention (pp. 117. 
118), from the official returns. 



FEDERAL AND REPUBLICAN COMMENTS. . 6l 

tion of the old federal party had been going on for years, and 
much of its strength had been transferred — not directly to re- 
publicanism, but — to the cause of " toleration and reform," be- 
fore the constitution was framed. The standard bearers of that 
cause, in its first substantial victories, were taken from the fed- 
eral ranks. The influence of the federal element in the conven- 
tion made itself felt in every article of the constitution. The re- 
sult, as we have seen, was not entirely satisfactory to radical re- 
publicans, — some of whom complained that this instrument was 
"a mere embodiment of the charter of 1662." Federalists of 
the old school did not so regard it. The editor of the Connecti- 
cut Mirror (William L. Stone), in a review of the political situa- 
tion in October, 1818, mourned for the departed glory of the 
State : 

" Our venerable customs, usages, and laws, have been assailed 
with more than vandal rudeness ; our form of government, under 
which for near two hundred years we have enjoyed privileges 
and blessings unknown to any other people upon earth, has been 
swept away, as it were by the first surge of the tempest, and we 
are left upon the ocean of experiment, under the direction of 
officers possessing, with perhaps one or two exceptions, neither 
skill nor capacity." 

The Hartford Times — which, under the editorship of John M. 
Niles, had been one of the most efficient promoters of the politi- 
cal revolution 10 — summing up, at the close of the year, the im- 
mediate results of the victory won by the party of constitution 
and reform, expressed the satisfaction which, with the before- 
mentioned exceptions, the republicans felt in their success : 

" This charter is not only valuable for the rights which it se- 
cures, but also from the difficulties which have attended the sub- 
ject, the perseverance which it discloses, and the evidence which 
it affords of the sure, but slow progress of light and intelligence, 
of liberal sentiments, and of the ultimate establishment of the 
empire of reason and philosophy on earth. It is the product of 
more than fourteen years, and during most of this period it has 
been like a ray of light enveloped in clouds and darkness — the 

10,4 Mr. Niles embarked in these reformatory measures with zeal, energy, 
and ability; and more than any other man. perhaps, contributed to the 
revolution of parties which followed. To forward his views, and give 
them efficiency, he with the co-operation of others established the Hart- 
ford Times, in January, 181 7, a paper that acquired an immediate local 
position and influence." — Hon. Gideon Welles, communicated to Stiles's 
History of Windsor, p. 727. 



62 THE IMMEDIATE RESULTS. 

impervious gloom of prejudice, in part the relic of former times, 
and partly the offspring of the juggling and delusion of political 
and clerical craftsmen." 

******* 

" The rights of conscience are secured and established, the 
adulterous union of church and state dissolved, legal religion 
abolished, and the religion of the heart encouraged, a powerful 
motive to hypocrisy removed, grace left free to all ' without 
money and without price,' and the primitive rights of Christianity 
restored. A government of men has been superseded by a gov- 
ernment of laws founded upon a Constitution; a system of cus- 
toms or steady habits, established without the consent of the 
people and maintained against their will, has been discarded ; 
distinct and independent bodies of magistracy have been con- 
stituted, their powers and duties defined, limited, and separated, 
and their proceedings required to be public. 

" The rights of suffrage have been recognized and established 
upon just and liberal principles, excluding all qualifications but 
those of a personal nature; the election laws new modified, ren- 
dering the mode of voting convenient and expeditious, pro- 
visions made for a correct return and counting of the votes, the 
infamous ' stand-up law ' repealed, the system of nomination, 
that wonderful invention of political empirics, whereby the same 
public officers were chosen twice over, abolished, and semi- 
annual elections, which were a great and unnecessary burden to 
the freemen, have been discontinued, and an annual election 
established. 

" The sessions of the General Assembly have been reduced to 
one in a year, thereby saving about $14,000 annually ; the su- 
perior and county courts reorganized, and the number of judges 
reduced nearly one-half, which will proportionately reduce the 
expense. The salary of the Commissioners of the School Fund 
has been reduced $500; arrangements made to place those funds 
which were in a very neglected and ruinous condition, in a safe 
situation; the duties of the treasurer and commissioner of the 
school fund separated and regulated ; and a system of taxation, 
founded upon just and liberal principles, nearly perfected, and 
will undoubtedly be adopted at the next session. These are 
some of the changes which characterize the last vear." 



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: constitutions 

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TOTES ^W Statistics regarding j 

j * Town Representation in the j 

| General Assembly and Documents 

j relating to the Constitutional 

Convention of 1902 



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V-..X, 



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j Printed by Order of the Comptroller, 1901 



THE THREE 

Constitutions of 

Connecticut 

1638-9 1662 i 8 i 8 

MESSAGES of the Governor; Rejected 
Amendments to the Constitution ; Act 
Calling Constitutional Convention; Proc- 
lamation of Governor; Roll of Delegates 

1 9 o 1 

With NOTES ON TOWN REPRESENTATION 

By Charles J. Hoadly, 1892 
AND STATISTICS REGARDING THE SAME 



Compiled in 
COMPTROLLER'S OFFICE 

i 9 o i 



HARTFORD, CONN: 
Printed by Order of the Comptroller, 1901 



3 12 4 4 



€*artforD pn& 

The Case, Lockwood & Brainard Company 

1901 







^7 



STUjc >?;..-=- 



State of Connecticut, 
Comptroller's Office, 

Hartford, December, 1901. 

In view of the interest manifested in the approaching 
Constitutional Convention, and particularly regarding the 
question of Town Representation in the General Assem- 
bly, I have compiled this pamphlet. 

It contains the three Constitutions of Connecticut, 
that of 1638-9, of 1662, and of 1818; the messages of 
His Excellency Governor George P. McLean regarding 
Constitutional Reform to the General Assembly of 1901 ; 
the Constitutional Amendments proposed to and rejected 
by that body, and the Act providing for the Calling of 
the Constitutional Convention, with the Roll of Dele- 
gates to the same. 

I have added the Notes upon Town Representation 
in the General Assembly, by the late Dr. C. J. Hoadly, 
State Librarian, reprinted from the State Register of 
1892, and a table of Statistics of Town Representation, 
Population, etc., compiled in this office, which I trust 
will be found of interest and value. 

A. CHAMBERLAIN, 

Comptroller, 

Publication No. 3 

Connecticut Constitutions 

Series 



Contents 

Page 

I. Fundamental Orders, 1638-9, . . 7 

II. Charter of the Colony, 1662, . . 17 

III. Constitution of 1818, with Amendments 

incorporated, .... 33 

IV. Extract upon Constitutional Reform 

from the Message of Governor 
George P. McLean, to the General 
Assembly of 190 1, ... 57 

V. Constitutional Amendments proposed 
to and rejected by the General 
Assembly, 65 

VI. Special Message of Governor McLean 
to the General Assembly upon the 
calling of a Constitutional Conven- 
tion, 71 

VII. Act Providing for the Calling of a Con- 
stitutional Convention, passed by 
the General Assembly, ... 75 

VIII. Proclamation of Governor McLean call- 
ing for Election of Delegates to the 
Constitutional Convention of 1902, 83 

IX. Roll of Delegates to Constitutional Con- 
vention, as prepared by the Secre- 
tary, 89 



X. Town Representation in the General 
Assembly, by Dr. C. J. Hoadly, 

XI. Statistics of Towns, Representation 
Population, Number of Electors 
Vote upon Calling Convention 
Organization, etc., 



99 



109 



The First 

Constitution of 

Connecticut 



THE 
"Fundamental Orders 



*> 



1638-9 




Printed by Order of the Comptroller 



Note 



" The constitutional history of Connecticut properly be- 
gins with the adoption, on the fourteenth of January, 163S-39, 
of the ' Fundamental Orders,' by which ' the inhabitants and 
residents of Windsor, Hartford, and Wethersfield ' became 
' associated and conjoined to be as one Public State or Com- 
monwealth/ for the establishment of ' an orderly and decent 
government, according to God, to order and dispose of the 
affairs of the people at all seasons as occasion shall require.' ' 
(Dr. Trumbull's Historical Notes on the Constitutions.) 



Th&First Constitution 

of Connecticut 

%f)t " jfttntJamental ©rfcerfiT 1638^=9 



■ ^ORASMUCH as it hath pleased the Almighty God 

Hby the wise disposition of his divine providence so 
to order and dispose of things that we the Inhabi- 
tants and Residents of Windsor, Hartford, and 
""**" Wethersfield are now cohabiting and dwelling in 

and upon the River of Connectecotte and the lands there- 
unto adjoining; and well knowing where a people are gath- 
ered together the word of God requires that to maintain 
the peace and union of such a people there should be an 
orderly and decent Government established according to God, 
to order and dispose of the affairs of the people at all seasons 
as occasion shall require; do therefore associate and conjoin 
ourselves to be as one Public State or Commonwealth ; and 
do for ourselves and our Successors and such as shall be ad- 
joined to us at any time hereafter, enter into Combination 
and Confederation together, to maintain and preserve the 
liberty and purity of the Gospel of our Lord Jesus which we 
now profess, as also the discipline of the Churches, which ac- 
cording to the truth of the said Gospel is now practiced 
amongst us ; as also in our Civil Affairs to be guided and 
governed according to such Laws, Rules, Orders, and De- 
crees as shall be made, ordered, and decreed, as followeth : — 
I. It is Ordered, sentenced, and decreed, that there shall 
be yearly two General Assemblies or Courts, the one the sec- 
ond Thursday in April, the other the second Thursday in 
September following; the first shall be called the Court of 
Election, wherein shall be yearly chosen from time to time 



t* 



12 THE FIRST CONSTITUTION OF CONNECTICUT. 

so many Magistrates and other public Officers as shall be 
found requisite : Whereof one to be chosen Governor for the 
year ensuing and until another be chosen, and no other Mag- 
istrate to be chosen for more than one year; provided always, 
there be six chosen besides the Governor, which being chosen 
and sworn according- to an Oath recorded for that purpose, 
shall have power to administer justice according to the Laws 
here established, and for want thereof, according to the rule 
of the Word of God ; which choice shall be made by all that 
are admitted freemen and have taken the Oath of Fidelity, 
and do cohabit within this Jurisdiction (having been admitted 
Inhabitants by the major part of the Town wherein they live)* 
or the major part of such as shall be then present. 

2. It is Ordered, sentenced, and decreed, that the Elec- 
tion of the aforesaid Magistrates shall be on this manner: 
every person present and qualified for choice shall bring in 
(to the persons deputed to receive them) one single paper 
with the name of him written in it whom he desires to have 
Governor, and he that hath the greatest number of papers 
shall be Governor for that year. And the rest of the Magis- 
trates or public Officers to be chosen in this manner : the Sec- 
retary for the time being shall first read the names of all that 
are to be put to choice and then shall severally nominate them 
distinctly, and every one that would have the person nomi- 
nated to be chosen shall bring in one single paper written 
upon, and he that would not have him chosen shall bring in 
a blank: and every one that hath more written papers than 
blanks shall be a Magistrate for that year; which papers shall 
be received and told by one or more that shall be then chosen 
by the court and sworn to be faithful therein ; but in case there 
should not be six chosen as aforesaid, besides the Governor, 
out of those which are nominated, then he or they which have 
the most written papers shall be a Magistrate or Magistrates 
for the ensuing year, to make up the aforesaid number. 

3. It is Ordered, sentenced, and decreed, that the Secre- 



♦Tbis clause was interlined in a different handwriting, and is of a later date. It 
•was adopted by the General Court of November, 1643. 



THE FIRST CONSTITUTION OF CONNECTICUT. n 

tary shall not nominate any person, nor shall any person be 
chosen newly into the Magistracy, which was not propounded 
in some General Court before, to be nominated the next Elec- 
tion ; and to that end it shall be lawful for each of the Towns 
aforesaid by their deputies to nominate any two whom they 
conceive fit to be put to election ; and the Court may add so 
many more as they judge requisite. 

4. It is Ordered, sentenced, and decreed, that no person 
be chosen Governor above once in two years, and that the 
Governor be always a member of some approved congrega- 
tion, and formerly of the Magistracy within this Jurisdiction ; 
and all the Magistrates, Freemen of this Commonwealth : and 
that no Magistrate or other public officer shall execute any 
part of his or their office before they are severally sworn, 

/ which shall be done in the face of the court if they be present, 

and in case of absence by some deputed for that purpose. 

5. It is Ordered, sentenced, and decreed, that to the afore- 
said Court of Election the several Towns shall send their 
deputies, and when the Elections are ended they may pro- 
ceed in any public service as at other Courts. Also the other 
General Court in September shall be for making of laws, and 
any other public occasion, which concerns the good of the 
Commonwealth. 

6. It is Ordered, sentenced, and decreed, that the Gov- 
ernor shall, either by himself or by the secretary, send out 
summons to the constables of every Town for the calling of 
these two standing Courts, one month at least before their 
several times : And also if the Governor and the greatest 
part of the Magistrates see cause upon any special occasion 
to call a General Court, they may give order to the Secretary 
so to do within fourteen days' warning: and if urgent neces- 
sity so require, upon a shorter notice, giving sufficient 
grounds for it to the deputies when they meet, or else be 
questioned for the same ; And if the Governor and major part 
of Magistrates shall either neglect or refuse to call the two 
General standing Courts or either of them, as also at other 
times when the occasions of the Commonwealth require, the 



H 



THE FIRST CONSTITUTION OF CONNECTICUT. 



Freemen thereof, or the major part of them, shall petition 
to them so to do; if then it be either denied or neglected, the 
said Freemen, or the major part of them, shall have power 
to give order to the Constables of the several Towns to do 
the same, and so may meet together, and choose to them- 
selves a Moderator, and may proceed to do any act of power 
which any other General Court may. 

7. It is Ordered, sentenced, and decreed, that after there 
are warrants given out for any of the said General Courts, the 
Constable or Constables of each Town shall forthwith give 
notice distinctly to the inhabitants of the same, in some pub- 
lic assembly or by going or sending from house to house, that 
at a place and time by him or them limited and set, they meet 
and assemble themselves together to elect and choose certain 
deputies to be at the General Court then following to agitate 
the affairs of the Commonwealth ; which said deputies shall 
be chosen by all that are admitted Inhabitants in the several 
Towns and have taken the oath of fidelity ; provided that none 
be chosen a Deputy for any General Court which is not a 
Freeman of this Commonwealth. 

The aforesaid deputies shall be chosen in manner follow- 
ing: every person that is present and qualified as before ex- 
pressed, shall bring the names of such, written in several 
papers, as they desire to have chosen for that employment, 
and these three or four, more or less, being the number agreed 
on to be chosen for that time, that have greatest number oi 
papers written for them shall be deputies for that Court ; 
whose names shall be endorsed on the back side of the war- 
rant and returned into the Court, with the constable or con- 
stables' hand unto the same. 

8. It is Ordered, sentenced, and decreed, that Windsor, 
Hartford, and Wethersfield shall have power, each Town, to 
send four of their Freemen as their deputies to every General 
Court ; and whatsoever other Towns shall be hereafter added 
to this Jurisdiction, they shall send so many deputies as the 
Court shall judge meet, a reasonable proportion to the num- 
ber of Freemen that are in the said Towns being: to be at- 



THE FIRST CONSTITUTION OF CONNECTICUT. I5 

tended therein; which deputies shall have the power of the 
whole Town to give their votes and allowance to all such laws 
and orders as may be for the public good, and unto which the 
said towns are to be bound. 

9. It is Ordered and decreed, that the deputies thus 
chosen shall have power and liberty to appoint a time and a 
place of meeting together before any General Court, to advise 
and consult of all such things as may concern the good of the 
public, as also to examine their own Elections, whether ac- 
cording to the order, and if they or the greatest part of them 
find any election to be illegal they may seclude such for pres- 
ent from their meeting, and return the same and their rea- 
sons to the Court ; and if it prove true, the Court may fine the 
party or parties so intruding, and the Town, if they see cause, 
and give out a warrant to go to a new election in a legal way, 
either in part or in whole. Also the said deputies shall have 
power to fine any that shall be disorderly at their meetings, 
or for not coming in due time or place according to appoint- 
ment ; and they may return the said fines into the Court if it 
be refused to be paid, and the Treasurer to take notice of it, 
and to escheat or levy the same as he does other fines. 

10. It is Ordered, sentenced, and decreed, that every 
General Court, except such as through neglect of the Gov- 
ernor and the greatest part of Magistrates the Freemen them- 
selves do call, shall consist of the Governor, or some one 
chosen to moderate the Court, and four other Magistrates at 
least, with the major part of the deputies of the several Towns 
legally chosen; and in case the Freemen, or major part oi 
them, through neglect or refusal of the Governor and major 
part of the magistrates, shall call a Court, it shall consist of 
the major part of Freemen that are present or their deputies. 
with a Moderator chosen by them : In which said General 
Courts shall consist the supreme power of the Common- 
wealth, and they only shall have power to make laws or repeal 
them, to grant levies, to admit of Freemen, dispose of lands 
undisposed of, to several Towns or persons, and also shall 
have power to call either court or Magistrate or any other 



T 6 THE FIRST CONSTITUTION OF CONNECTICUT. 

person whatsoever into question for any misdemeanor, and 
may for just causes displace or deal otherwise according to 
the nature of the offence; and also may deal in any other 
matter that concerns the good of this Commonwealth, except 
election of. Magistrates, which shall be done by the whole 
body of Freemen. 

In which Court the Governor or Moderator shall have 
power to order the Court, to give liberty of speech, and si- 
lence unseasonable and disorderly speakings, to put all things 
to vote, and in case the vote be equal to have the casting vote. 
But none of these Courts shall be adjourned or dissolved 
without the consent of the major part of the Court. 

II. It is Ordered, sentenced, and decreed, that when any 
General Court upon the occasions of the Commonwealth have 
agreed upon any sum or sums of money to be levied upon the 
several Towns within this Jurisdiction, that a committee be 
chosen to set out and appoint what shall be the proportion of 
every Town to pay of the said levy, provided the committee 
be made up of an equal number out of each Town. 

14th January, 1638 [N. S., 24th January, 1639], the 11 
Orders abovesaid are voted. 



CHAR 






R 



o f t h e 



Colony of Con ; licut 



i 6 6 2 




--- , 



Printed r the Com Ver 



Note 



[On the 14th of March, 1661, the General Court of Connecticut voted 
to petition the king for the continuance and confirmation of such privi- 
leges and liberties as were necessary for the comfortable and peaceable 
settlement of the Colony. 

Governor Winthrop was requested to act as the agent for the Colony. 
He sailed from New York in July, 1661. The letter of credit for ^£500 
sterling, which he took with him, may be seen in the State Library. 
The amount was paid in wheat and pease. He succeeded in procuring 
a very liberal charter, which bears date April 23d, 1662. 

The charter was made in duplicate and sent in different ships. The 
duplicate probably arrived first, and was received in Connecticut in 
September, 1662. There are some trifling verbal differences between 
them, not, however, affecting the sense. 

In 1687 it became evident that the Colony was likely to be deprived 
of the charter, and measures were taken .accordingly. There is a very 
curious entry on the Colonial Records in June 1687, of the production 
of the (original) charter in court, and of its being left on the table with 
the key in the box at the adjournment of the Court, with no one re- 
sponsible for its safety, the committee which had been appointed to 
keep it being discharged by their surrendry of it to the Court. Perhaps 
it was at this time that the charter was quietly taken by Nathaniel 
Stanly and John Talcott, and concealed in the famous oak. 

On the 31st of October, 16S7, Sir Edmund Andros came to Hartford 
to receive the surrender of the charter. The Assembly met and sat 
late at night. The duplicate charter was brought forth and placed on 
the table. Suddenly the lights were extinguished, and Captain Joseph 
Wadsworth carried off and concealed the duplicate, which he retained 
until 1715, when the Assembly made him a grant for his good service 
in the matter. The one more* highly ornamented than the other, now 
hangs in the Secretary's office. What remains of the second copy may 
be seen in the rooms of the Connecticut Historical Society at Hartford. 
How it was saved from being cut up to make the foundation of a bonnet 
is told in a note in Vol. 4 of the Colonial Records. 

The charter continued to be the basis of our government until it 
was superseded by the constitution of 1818. — C. J. Hoadly.] 

[State Liiirary, Aug. 1900.] 




Charter of 1662 



foarles tbe Scconb, 3S\> tbe Grace of 

God, King of England, Scotland, France 
and Ireland, defender of the Faith, ccc; co 
all to whome the is prefents (hall come, 
Greetinge : XSUbcreas, by the feverall Nav- 
igations, difcoveryes and fucceffiul Plantacons of diverfe 
of our loveing Subjects of this our Realme of England, 
Severall Lands, Iflands, Places, Colonies and Plantacons 
have byn obtayned and setled in that parte of the Con- 
tinent of America called New England, and thereby the 
Trade and Comerce there hath byn of late yeares much 
increased, Hll& TffibCXCUS, wee have byn informed by 
the humble Peticon of our Trusty and welbeloved 
John Winthrop, John Mafon, Samuell Willis, Henry 
Clerke, Mathew Allen, John Tappen, Nathan Gold, 
Richard Treate, Richard Lord, Henry Woolicott, John 
Talcott, Daniell Clerke, John Ogden, Thomas Wells, 
Obedias Brewen, John Clerke, Anthony Haukins. John 
Deming and Mathew Camfeild, being Perfons Principally 
interested in our Colony or Plantacon of Cone&icutt in 
New England, that the fame Colony or the greateit parte 
thereof was purchaied and obteyned for greate and 
valuable Confideracons, And fome other part thereof 
gained by Conqueit and with much difficulty, and att 
the onely endeavours, expence and Charge ot them and 
their AfTociates, and thofe vnder whome they Ciayme, 
Subdued and improved, and thereby become a conhder- 



J 20 CHARTER OF 1662. 

able enlargement and addicon of our Dominions and in- 
tereft there, — TROW IkUOW £ea, that in confideracon there- 
of, and in regard the laid Colony is remote from other 
the English Plantacons in the Places aforefaid, And to 
the end the Affaires and Bufines which (hall from tyme 
to tyme happen or arife concerning the fame may bee 
duely Ordered and mannaged, X'Clee bave thought fitt, 
and att the humble Peticon of the Perfons aforesaid, and 
are graciously pleafed to Create and Make them a Body 
Pollitique and Corporate, with the powers and Privi ledges 
herein after menconed; And accordingly Our will and 
pleafure is, and of our efpeciall grace, certeine knowledge 
and meere mocon, wee bave Ordeyned, Constituted 
and Declared, And by theis prefents, for vs, our heires 
and Succeffors, JDOC Ordeine, Conilitute and Declare 
That they, the said John Winthrop, John Maion, Sam- 
uel! Willis, Henry Clerke, Mathew Allen, John Tappen, 
Nathan Gold, Richard Treate, Richard Lord, Henry 
Woollcot, John Talcot, Daniell Clerke, John Ogden, 
Thomas Wells, Obadiah Brewen, John Clerke, Anthony 
Hawkins, John Deming and Mathew Camfeild, and all 
fuch others as now are or hereafter {hall bee Admitted 
and made free of the Company and Society of our 
Collony of Connecticut in America, {hall from tyme to 
tyme and for ever hereafter, bee one Body Corporate and 
Pollitique in fact and name, by the Name of Governour 
and Company of the English Collony of Coneclicut in 
New England in America; And that by the fame name 
they and their Succeffors {hall and may have perpetuall 
Succeffion, and {hall and may bee Perfons able and Cap- 
able in the law to Plead and bee Impleaded, to Anfwere 
and to bee Anfwered vnto, to Defend and bee Defended 
in all and finguler Suits, Caules, quarrelles, Matters, 
Accons and things of what kind or nature foever. And 



CHARTER OF 1662. 21 

alfoe to have, take, pofferTe, acquire and purchafe lands, 
Tenements or hereditaments, or any goods or Chattells, 
and the fame to Leale, Graunt, Demiie, Alien, bargaine, 
Sell and difpoie of, as other our leige People of this our 
Realme of England, or any other Corporacon or Body 
Pollitique within the fame may lawfully doe. Hltf) 
furtber, that the faid Governour and Company, and 
their Succeffors fliall and may for ever hereafter have a 
Comon Seale to ferve and vie for all Caufes, matters, 
things and atfaires, whatfoever of them and their Suc- 
ceffors, and the fame Seale to alter, change, breake and 
make new from tyme to tyme att their wills and pleafures, 
as they {hall thinke fitt. BilO further, we will and 
Ordeine, and by theis prcients for vs, our heires and 
Succeffors £)0£ Declare and appoint, that for the better 
ordering and manageing of the affaires and buiineffe of 
the said Company and their Succeffors, there shall bee one 
Governour, one Deputy Governour and Twelve Aifiit- 
ants, to bee from tyme to tyme Conftituted, Elected 
and Chofen out of the Freemen of the laid Comoanv for 
the tyme being, in fuch manner and forme as hereatter in 
thefe prefents is expreffed; which laid OHcers {hall 
apply themfelves to take care for the bell: difpofeing and 
Ordering of the Generall bu fines and atfaires of and con- 
cerning the lands and hereditaments herein after menconed 
to bee graunted, and the Plantacon thereof and the 
Government of the People thereof. And for the better 
execucon of our Royall Pleafure herein, WJO CVC for vs, 
our heires and Succeffors, AiTigne, name, Conlhtute and 
appoint the aforefaid John Winthrop to bee ** nril and 
prefent Governour of the faid Company; And the faid 
John Mafon to bee the Deputy Governour; And the laid 
Samuell Willis, Mathew Allen, Nathan Gold, Henry 
Clerke, Richard Treate, John Ogden, Thomas Tappen, 



22 CHARTER OF 1662. 

John Talcott, Thomau \ Veils. Henry Woolco:. Richard 
Lord and Danieli Clerke to bee the Twelve prefent 
Affiftants of the laid Company: to contynue in the (Ei J 

:es refpeeV ntill the fecond T 

which fhall bee in the moneth of October now next 
comt;:. H::^ runher, we will, and by 
Id : vs, our heires and Sue : 0OC Ordaine and 

Graunt that the Govemour of the la: I Cc for tbe 

tyme being, or, in his abfence by oecanon of ncknes. or 
otherwife by his leave or perrnitlion. the Depury Gov- 
emour for the tyme being, (hall and may from tyme to 
tyme vpon all occa : _ ~, -_- _ : 

the laid Company anc _ _ Ehertc L ufuit 

and ::*•'::: ;: me "emmede :r : Add _ e = ;: me :. i Com- 
pany, And that for ever hereairer, Tw - ry yeare. 

That is to fay on every Second Thmick 3er and 

on every Second Thurfday in May, - mm - a Cme it 
fliall bee requifite, The Affi freemen ot 

Company or fuch of then, not exceeding twoe I 
from each Place, Towne or Citry, whoe lhall bee : 
tyme to tyme tib crevnfx Ek : sd or Di 1 ted by the maior 
parte of the freemen of the refr sfi . d 
and Places for which they lhall bee loe eleded or 
Deputed, lhall have 1 general] meeting : A 
and their to Confult an: ach md about the Aff 

and butineUe of the laid C And thai he Gov- 

emour. or in his abfence the Deputy Govemour c: 
faid Company for the tyme be _ i fuch of the 
Afli Q rots and rreemen of the . . Com] . be 

foe Em: m ot Dep ited and i te p relent art fuch me: _ 
or Add ry, or the greatefl d jmber of them, wherec: 
Governo u: or Depurv Govemour md Six of t 
ants at leaft, to bee Seaven. lhall bee calk Generall 

AflTembiy, and (hall have toll power and authori: I 



CHARTER OF 1662. 23 

alter and change their dayes and tymes of meeting or 
Generall Affemblies for Electing the Governour. Deputy 
Governour and Afliftaots or other Oificers or any other 
Courts, AiTemblies or meetings, and to Choofe, Nominate 
and appoint fuch and foe many other Perfons as they 
(hall thinke fitt and (hall bee willing to accept the lame. 
to be free of the laid Company and Body Politique, and 
them into the fame to Ad mitt and to Elect, and Conltitute 
such Officers as they (hall thinke htt and requinte for 
the Ordering, mannageing and disposeing of the Affaires 
of the faid Governour and Company and their SucceiTors. 
Bno wee CCe hereby for vs. our heires and SucceiTors, 
Eftablifh and Ordeine, that once in the yeare for ever 
hereafter, namely, the laid Second Thurlday in May, the 
Governour, Deputy Governour, and Aififtants of the faid 
Company and other Officers of the faid Company, or 
fuch of them as the faid Generall Affembly (hall thinke 
fitt, (hall bee in the faid Generall Court and Affembly to 
bee held from that day or tyme newly Chofen for the 
yeare enfuing, by fuch greater part of the faid Company 
for the tyme being then and there prefent. And if the 
Governour, Deputy Governour and Aififtants by thele 
prefents appointed, or fuch as hereafter bee newly Chofen 
into their Roomes, or any of them, or any other the 
Officers to bee appointed for the laid Company (hall dye 
or bee removed from his or their severail Ornces or Places 
before the faid Generall day of Eleccon. whome wee doe 
hereby Declare lor any mildemeanour or detault to bee 
removeable by the Governour. Auiitants and Company. 
or fuch greater part of them in any of the faid publique 
Courts to bee Aliembled as is aforefiid. That then and in 
every fuch Cafe itt (hall and may bee lawfull to and for 
! the Governour, Deputy Governour and Aififtants and 

Company aforefaid, or fuch greater parte of them soe to 



24 CHARTER OF 1662. 

bee Affembled as is aforesaid in any of their Affemblies 
to Proceede to a New Eleccon of one or more of their 
Company in the Roome or Place, Roomes or Places of 
fuch Governour, Deputy Governour, AlTiftant or other 
Officer or Officers soe dyeing or removed, according to 
their difcretions; and immediately vpon and after fuch 
Eleccon or Eleccons made of fuch Governour, Deputy 
Governour, AlTiftant or Affiftants, or any other Officer of 
the faid Company in manner and forme aforefaid, The 
Authority, Office and Power before given to the former 
Governour, Deputy Governour or other Officer and 
Officers soe removed, in whofe ftead and Place new ill all 
be chofen, (hall as to him and them and every of them 
respectively ceafe and determine. JprOYHoefc, alio, and 
our will and pleafure is, That as well fuch as are by theis 
prefents appointed to bee the prefent Governour, Deputy 
Governour and Affiftants of the faid Company as thofe 
that sha11 fucceed them, and all other Officers to bee 
appointed and Chofen as aforefaid, (ball, before they 
vndertake the Execucon of their faid Offices and Places 
refpedively, take their feverall and refpe&ive Corporall 
Oathes for the due and faithful performance of their 
dutyes in their feverall Offices and Places, before fuch 
Perfon or Perfons as are by thefe Prefents hereafter 
appoynted to take and receive the fame; That is to fay 
the faid John Winthrop, w T hoe is herein before nominated 
and appointed the prefent Governour of the faid Com- 
pany, (hall take the faid Oath before one or more of the 
Mafters of our Court of Chancery for the tyme being, 
vnto which Master of Chancery wee free, by theis pref- 
ents, give full power and authority to Adminilkr the faid 
Oath to the faid John Winthrop accordingly. And the 
faid John Mafon, whoe is herein before nominated and 
duely appointed the prefent Deputy Governour or the 



CHARTER OF 1662. 2$ 

laid Company, {hall take the faid Oath before the faid 
John Winthrop, or any twoe of the Afliftants of the faid 
Company, vnto whome wee fcoe by thefe prefents, give 
full power and authority to Adminifter the faid Oath to 
the faid John Mafon accordingly. Hub the faid Samuell 
Willis, Henry Clerke, Mathew Allen, John Tappen, 
Nathan Gold, Richard Treate, Richard Lord, Henry 
Woolcott, John Talcott, Daniell Clerke, John Ogden 
and Thomas Welles, whoe are herein before Nominated 
and appointed the prefent Afliftants of the faid Company, 
{hall take the Oath before the faid John Winthrop and 
John Mafon, or one of them, to whome wee OOC hereby 
give full power and authority to Adminifter the fame 
accordingly. Hub our further will and pieafure is, that 
all and every Governour or Deputy Governour to bee 
Elecled and Chofen by vertue of theis prefents, shall take 
the faid Oath before two or more' of the Afliftants of the 
faid Company for the tyme being, vnto whom wee doe, 
by theis prefents, give full power and authority to give 
and Adminifter the said Oath accordingly. And the faid 
Afliftants and every of them, and all and every other 
Officer or Officers to bee hereafter Chofen from tyme to 
tyme, to take the faid Oath before the Governour or 
Deputy Governour for the tyme being, vnto which faid 
Governour or Deputy Governour wee doe, by theis pref- 
ents, give full power and authority to Adminifter the 
fame accordingly. Hub further, of our more ample 
grace, certeine knowledge and meere mocon wee bavc 
given and Graunted, and by theis prefents, for vs, our 
heires and SuccerTbrs, 2Doe give and Graunt vnto the faid 
Governour and Company of the English Colony of Co- 
necticut in New England in America, and to every In- 
habitant there, and to every Perfon and Perfons Trading 
thither, And to every fuch Perfon and Perfons as are or 



26 CHARTER OF 1662. 

fhall bee free of the faid Collony, full power and author- 
ity from tyme to tyme and att all tymes hereafter, to take, 
Ship, Tranfport and Carry away, for and towards the 
Plantacon and defence of the faid Collony fuch of our 
loveing Subjects and Strangers as fliall or will willingly 
accompany them in and to their laid Collony and Planta 
con ; (Except such Perfon and Perfons as are or fliall bee 
therein reftrayned by vs, our heires and SuccefTors;) And 
alfoe to Ship and Tranfport all and all manner of goods, 
Chattells, Merchandizes and other things whatfoever 
that are or fliall bee vsefull or neceiTary for the Inhabitants 
of the faid Collony and may lawfully bee Tranfported 
thither; NeverthelefTe, not to bee difcharged of payment 
to vs, our heires and SuccefTors, of the Dutyes, Cuftomes 
and Subfidies which are or ought to bee paid or payable 
for the same. Btl& further, Our will and pleafure is, and 
WCC froe for vs, our heires and SuccerTors, Ordeyne, De- 
clare and Graunt vnto the faid Governor and Company 
and their SuccerTors, That all and every the Subiecls ot 
vs, our heires or SuccerTors which fliall goe to Inhabite 
within the said Colony, and every of their Children which 
(hall happen to bee borne there or on the Sea in goeing 
thither or returneing from thence, fliall have and enioye 
all liberties and Immunities of free and naturall Subiects 
within any the Dominions of vs, our heires or SuccefTors, 
to all intents, Conitruccons and purpofes whatfoever, as 
if they and every of them were borne within the Realme 
of England. Hub wee bOC authorife and impower the 
Governour, or in his abfence the Deputy Governor for 
the tyme being, to appointe two or more of the faid 
ailiftants att any of their Courts or AiTemblycs to bee 
held as aforefaid, to have power and authority to Admin- 
ilter the Oath of Supremacy and obedience to all and 
every Perfon and Perions which fliall att any tyme or 



CHARTER OF 1662. 27 

tymes hereafter goe or paffe into the faid Colony of Co- 
ne<5ticut, vnto which faid Affiftants foe to be appointed 
* as aforefaid, wee ooe, by thefe prefents, give full power 
and authority to Adminifter the faid Oath accordingly. 
Huo Wee Doe further, of our especiall grace, certeine 
knowledge and meere mocon, give and Graunt vnto the 
faid Governor and Company of the English Colony of 
Conecticutt in New England in America, and their 
SucceiTors, that itt ftiall and may bee lawfull to and for 
the Governor or Deputy Governor and fuch of the Affift- 
ants of the faid Company for the tyme being as (hall bee 
Affembled in any of the General Courts aforefaid, or in 
any Courts to bee especially Sumoned or AiTembled for 

} that purpofe, or the greater parte of them, whereof the 

Governor or Deputy Governor and Six of the Affiftants, 
(to be all wayes Seaven,) to Erect and make fuch Judi- 
catories for the heareing and Determining of all Accons, 
Causes, matters and thinges happening within the laid 
Colony or Plantacon and which (hall bee in difpute and 
depending there, as they {hall thinke fitt and convenient ; 
And alfoe from tyme to tyme to Make, Ordaine and 
Eftablifti All manner of wholfome and reafonable Lawes, 
Statutes, Ordinances, Direccons and Inftruccons, not con- 
trary to the lawes of this Real me of England, afwell for 
fetling the formes and Ceremonies of Government and 
Mageftracy fitt and neceffary for the faid Plantacon and 
the Inhabitants there as for nameing and Stilein<r all forts 
of Officers, both fuperior and inferior, which they {hall 
find needfull for the Government and Plantacon of the 
faid Colony, and the diftinguifliing and setting forth of 
the severall Dutyes, Powers and Lymitts of every iuch 
Office and Place, and the formes of luch Oaths, not being 

I contrary to the Lawes and Statutes of this our Realme of 

England, to bee Ad mini ft red for the Execution of the 



28 CHARTER OF 1662. 

laid fe vera! 1 Offices and Places; As alfoe for the dispofe- 
ing and Ordering of the Eleccon of fuch of the faid 
Officers as are to bee Annually Chosen, and of fuch others 
as {hall fucceed in cafe of death or removall, and Ad- 
miniftring the faid Oath to the new Elected Officers, and 
Graunting neceffary ComifTions, and for impoficon of 
lawfull Fines, Mulftsf, Imprifonment or other Punilliment 
vpon Offenders and Delinquents, according to the Courfe 
of^ other Corporacons within this our Kingdome of Eng- 
land, and the fame Lawes, fines, Mulcts and Execucons 
to alter, change, revoke, adnull, releafe or Pardon, vnder 
their Comon Seale, As by the faid Generall Aflembly or 
the maior part of them (hall bee thought fitt ; And for 
the directing, ruleing and difpofeing of all other matters 
and things whereby our laid people, Inhabitants thare, 
may bee soe religioufly, peaceably and civilly Governed 
as their good life and orderly Converfacon may wynn and 
invite the Natives of the Country to the knowledge and 
obedience of the onely true God and Saviour of mankind 
and the Chriftian faith, which in our Royal intencons 
and the Adventurers free profeffion is the onely and 
principal! end of this Plantacon; HDUIU110, Commanding 
and requireing, and by thefe prefents, for vs, our heires 
and Succeffors, Ordaineing and appointeing That all fuch 
Lawes, Statutes and Ordinances, Inftruccons, Impoficons, 
and Direccons as fhali bee foe made by the Governor, 
Deputy Governor, and Affiftants, as aforefaid, and pub- 
lifhed in writeing vnder their Comon Seale, {hall care- 
fully and duely bee obferved, kept, performed and putt 
in execucon, according to the true intent and meaning of 
the fame. Hue thefe our letters Patent, or the Duplicate 
or Exemplification thereof, {hall bee to all and every inch 
Officers, Superiors and inferiors, from tyme to tyme tor 
the Putting of the same Orders, Lawes, Statutes, Ordi- 



CHARTER OF 1662. 2g 

nances, Instruccons and Direccons in due Execucon, againft 
vs, our heires and Succeflbrs, a fufficient warrant and dis- 
charge. Hno WCC ooe fUttber, for vs, our heires and 
Succeflbrs, give and Graunt vnto the faid Governor and 
Company and their Succeffors, by theie prefents, That itt 
{hall and may bee lawfull to and for the Cheife Com- 
manders, Governors and Officers of the faid Company 
for the tyme being whoe fhall bee refident in the parts of 
New England hereafter menconed, and others inhabiting 
there by their leave, admittance, appointment or direccon, 
from tyme to tyme and att all tymes hereafter, for their 
fpeciall defence and fafety, to Affemble, Martiall, Array, 
and putt in Warlike pofture the Inhabitants of the laid 
Colony, and to Commifhonate, Im power and authorife 
fuch Perfon or Perfons as they (hall thinke fitt to lead 
and Conduct the faid Inhabitants, and to encounter, ex- 
pulfe, repell and rehft by force of Armes, as well by Sea 
as by land, And alfoe to kill, Slay and deftroy, by all 
fitting wayes, enterprizes and means whatfoever, all and 
every fuch Perfon or Perfons as (hall att any tyme here- 
after Attempt or enterprize the deftruccon, invafion, det- 
riment or annoyance of the faid Inhabitants or Plantacon, 
And to vse and exercife the Law Martiall in iuch Cafes 
onely as occaffion (hall require, And to take or furprize 
by all wayes and means whatfoever, all and every iuch 
Perfon and Perfons, with their Shipps, Armour, Ammu- 
nicon, and other goods of fuch as {hall in fuch hoitile 
manner invade or attempt the defeaJng of the faid Plan- 
tacon or the hurt of the faid Company and Inhabitants; 
and vpon iust Caufes to invade and deftroy the Natives 
or other Enemyes of the faid Colony. WCVCrtbClC33, 
Our Will and pleafure is, And NVCC OOC hereby Declare 
vnto all Christian Kings, Princes and States, That if any 
Perfons which {hall hereafter bee of the faid Company or 



30 CHARTER OF 1662. 

Plantacon, or any other, by appointment of the faid Gov- 
ernor and Company for the tyme being, (hall att any 
tyme or tymes hereafter Robb or Spoile by Sea or by 
land, and doe any hurt, violence or vnlawfull hostillity to 
anv of the Subiecis of vs, our heires or Succeffors, or any 
of the Subie&s of any Prince or State beinge then in 
league with vs, our heires or Succeffors, vpon Complaint 
of fuch iniury done to any fuch Prince or State, or their 
Subie&s, WCC, our heires and Succeffors, will make open 
Proclamacon within any parts of our Realme of England 
fitt for that purpofe, That the Perfon or Perfons commit- 
inge any fuch Robbery or Spoile, {hall within the tyme 
lymitted by fuch Proclamacon, make full reltitucon or 
fatiffaccon of all fuch iniuries done or committed, Soe as 
the faid Prince or others foe complayneing may bee fully 
fatiffied and contented. And if the faid Perfon or Per- 
fons whoe {hall committ any 'fuch Robbery or Spoile 
{hall not make fatiffaccon accordingly, within fuch tyme 
foe to bee limitted, That then itt {hall and may bee law- 
full for vs, our heires and Succeffors, to putt fuch Perfon 
or Perfons out of our Allegiance and Proteccon. And 
that it {hall and may bee lawfull and free for all Princes 
or others to Profecute with hollility fuch Offenders and 
every of them, their and every of their Procurers, a yd e is. 
Abettors and Councellors in that behalfe. prOPl&Cfc, 
alfoe, and our expreffe will and pleafure is, Hno WCC cVC 
by thefe prefents for vs, our heires and Succeffors, Ordcync 
and appointe that thefe prefents lhall not in any manner 
hinder any of our loveing Subiects whatsoever to vie and 
exercife the Trade of Fifhinge vpon the Coait of New- 
England in America, but they and every or any of them 
{hall have full and free power and. liberty to contynue 
and vfe the faid Trade of Fiiffing vpon the faid Coast, in 
any of the Seas therevnto adioyning, or any Armes of the 



CHARTER OF 1662. 



3* 



Seas or Salt Water Rivers where they have byn accuf- 
tomed to Fifh, And to build and sett vpon the wast land 
belonging to the faid Colony of Conecticutt, fuch 
Wharfes, Stages and workehoufes as {hall bee neceffary 
for the Salting, dryeing and keepeing of their Fifh to bee 
taken or gotten vpon that Coast, — any thinge in thefe 
prefents conteyned to the contrary notwithftanding. 
BllO ftnowe pee furtber, That Wee, of our more abund- 
ant grace, certaine knowledge and meere mocon bWtfC 
given, Graunted and Confirmed, And by theis prefents 
for vs, our heires and Succeffors, IDoe give, Graunt and 
Confirme vnto the faid Governor and Company and their 
Succeffors, Hll that parte of our Dominions in Newe Eng- 
land in America bounded on the East by Norrogancett 
River, comonly called Norrogancett Bay, where the faid 
River falleth into the Sea, and on the North by the lyne 
of the Maffachufetts Plantacon and on the South by the 
Sea, and in longitude as the lyne of the Maffachufetts 
Colony, runinge from Eaft to Weft; that is to fay, from 
the faid Narrogancett Bay on the Eaft to the South Sea 
on the Weft parte, with the Iflands therevnto adioyneinge, 
Together with all firme lands, Soyles, Grounds, Havens, 
Ports, Rivers, Waters, Fiiliings, Mynes, Myneralls, Pre- 
cious Stones, Ouarries, and all and finguler other Como- 
dities, Iurifdiccons, Royalties, Priviledges, Francheses, 
Preheminences, and hereditaments whatioever within the 
faid Tract, Bounds, lands and Iflands aforefaid, or to them 
or any of them belonging, TiO bave an& to bolo the lame 
vnto the faid Governor and Company, their Succefiors 
and AiTignes, for ever vpon Truft and for the vie and 
benefitt of themfelves and their Affociates. freemen of the 
faid Colony, their heires and Afiignes, TLO bCC bOlbdl of vs, 
our heires and Succeffors, as of our Manor of East Greene- 
wich, in Free and Comon Soccage, and not in Capite nor 



3 2 CHARTER OF 1662. 

by Knights Service, Kefl&ing ano pcavingc therefore to 
vs, our heires and Succeffors. onely the Fifth parte of all 
the Oare of Gold and Silver which from tyme to tyme 
and att all tymes hereafter (hall bee there gotten, had or 
obteyned, in liew of all Services, Dutyes and Demaunds 
whatfoever, to bee to vs, our heires or Succeffors, there- 
fore or thereout rendered, made or paid. 3tlfc lastly, 
Wee doe for vs, our heires, and Succeffors, Graunt to the 
faid Governor and Company and their Succeffors. by thefe 
prefents, that thefe our Letters Patent (hall bee firme, 
good and effeftuall in the lawe to all intents, Conftruccons 
and purpofes whatfoever, accordinge to our true intent 
and meaneing herein before Declared, as fliall bee Con- 
ftrued, reputed and adiudged moft favourable on the 
behalfe and for the bed: benefitt and behoofe of the faid 
Governor and Company and their Succeffors, HItbOUgb 
esprcsse mention of the true yearely value of certeinty 
of the premifes, or of any of them, or of any other Guilts 
or Graunts by vs or by any of our Progenitors or Pred- 
eceffors heretofore made to the faid Governor and Com- 
pany of the Englifli Colony of Coneclicutt in New Eng- 
land in America aforefaid in theis prefents is not made, 
or any Statute, Aft, Ordinance, Provifion, Proclamation or 
Reftriccon heretofore had, made, Enacted, Ordeyned or 
Provided, or any other matter, Cause or thinge whatfo- 
ever to the contrary thereof in any wife notwithstanding. 
Hu WitHCS whereof, we have caufed thefe our Letters to 
bee made Patent; WitUCS our Selfe, att Weftminiter, the 
three and Twentieth day of Aprill, in the Fowerteenth 
yeare of our Reigue. 

By writt of Privy Seale. gOUUtvd. 



The Constitution 
of Connecticut 



INCLUDING all Amendments to date 
and excluding such parts as are not 
now in force, being the COUStttUttCtt 
as it now exists in legal effeit and with 
its original language and arrangement S& 



(tapUttl tuj t!» Hon. Lewis Sperry 



<*Mi gift 







Printed by Order of the Comptrolle, 



1 

5TO40 



State of Connecticut, 

Comptroller's Office, 

Hartford, December, 1901. 

For the convenience of the delegates to the Con- 
stitutional Convention of 1902, and all interested in the 
study of the present Constitution, I have printed this 
compilation. 

Originally prepared by the Hon. Lewis Sperry. ot 
Hartford, at the request of Ex-Governor Morgan G. 
Bulkeley, it is now reprinted from his last edition by his 
permission. 

" So much of the original Constitution and amend- 
ments as has become obsolete, either by subsequent 
amendment or by limitation, has been stricken out. The 
amendments still in force have been written into the Con- 
stitution, in their proper places, and the original language 
of the Constitution, including even capitals and punctua- 
tion, has been preserved as far as possible ; so that the 
draft herewith presented is the Constitution of Connecticut 
not only in legal effect but in its exact form as it now 
exists." 

A. CHAMBERLAIN, 

Comptroller. 



The 

Constitution of Connecticut. 



PREAMBLE. 

The people of Connecticut acknowledging with gratitude, 
the good providence of God, in having permitted them to 
enjoy a free government, do, in order more effectually to de- 
fine, secure, and perpetuate the liberties, rights and privi- 
leges which they have derived from their ancestors, hereby.. 
after a careful consideration and revision, ordain and estab- 
lish the following Constitution, and form of civil government. 

Article first, 

DECLARATION OF RIGHTS. 

That the great and essential principles of liberty and free 
government may be recognized and established, 

Wc Declare, 

Sect. i. That all men when they form a social compact, 
are equal in rights ; and that no man or set of men are en- 
titled to exclusive public emoluments or privileges from the 
community. 

Sect. 2. That all political power is inherent in the peo- 
ple, and all free governments are founded on their authority, 
and instituted for their benefit : and that they have at all 
times an undeniable and indefeasible right to alter their form 
of government in such a manner as they may think expedient. 



i 



38 CONSTITUTION OF CONNECTICUT. 

Sect. 3. The exercise and enjoyment of religious pro- 
fession and worship, without discrimination, shall forever be 
free to all persons in this State, provided that the right hereby 
declared and established, shall not be so construed as to ex- 
cuse acts of licentiousness, or to justify practices inconsistent 
with the peace and safety of the State. 

Sect. 4. No preference shall be given by law to any 
Christian sect or mode of worship. 

Sect. 5. Every citizen may freely speak, write and pub- 
lish his sentiments on all subjects, being responsible for the 
abuse of that liberty. 

Sect. 6. No law shall ever be passed to curtail or re- 
strain the liberty of speech or of the press. 

Sect. 7. In all prosecutions or indictments for libels, 
the truth may be given in evidence, and the jury shall have 
the right to determine the law and the facts, under the di- 
rection of the court. 

Sect. 8. The people shall be secure in their persons, 
houses, papers and possessions from unreasonable searches 
or seizures; and no warrant to search any place, or to seize 
any person or things, shall issue without describing them as 
nearly as may be, nor without probable cause supported by 
oath or affirmation. 

Sect. 9. In all criminal prosecutions, the accused shall 
have the right to be heard by himself and by counsel ; to de- 
mand the nature and cause of the accusation ; to be con- 
fronted by the witnesses against him ; to have compulsory 
process to obtain witnesses in his favour; and in all prose- 
cutions by indictment or information, a speedy public trial 
by an impartial jury. He shall not be compelled to give evi- 
dence against himself, nor be deprived of life, liberty, or 
property, but by due process of law. And no person shall 
be holden to answer for any crime, the punishment of which 



CONSTITUTION OF CONNECTICUT. 39 

may be death or imprisonment for life, unless on a present- 
ment or indictment of a grand jury ; except in the land or 
naval forces, or in the militia when in actual service in time 
of war, or public danger. 

Sect. to. No person shall be arrested, detained or pun- 
ished, except in cases clearly warranted by law. 

Sect. ii. The property of no person shall be taken for 
public use, without just compensation therefor. 

Sect. 12. All courts shall be open, and every person, 
for any injury done to him in his person, property or repu- 
tation, shall have remedy by due course of law, and right and 
justice administered without sale, denial or delay. 

Sect. 13. Excessive bail shall not be required, nor ex- 
cessive fines imposed. 

Sect. 14. All prisoners shall, before conviction, be bail- 
able by sufficient sureties, except for capital offenses, where 
the proof is evident, or the presumption great ; and the privi- 
leges of the writ of habeas corpus shall not be suspended, 
unless when in case of rebellion or invasion, the public safety 
may require it ; nor in any case, but by the legislature. 

Sect. 15. No person shall be attainted of treason or 
felony, by the legislature. 

Sect. 16. The citizens have a right, in a peaceable man- 
ner, to assemble for their common good, and to apply to 
those invested with the powers of government, for redress of 
grievances, or other proper purposes, by petition, address or 
remonstrance. 

Sect. 17. Every citizen has a right to bear arms in de- 
fence of himself and the State. 

Sect. 18. The military shall, in all cases, and at all times, 
be in strict subordination to the civil power. 



40 CONSTITUTION OF CONNECTICUT. 

Sect. 19. No soldier shall, in time of peace, be quar- 
tered in any house, without the consent of the owner; nor 
in time of war, but in a manner to be prescribed by law. 

Sect. 20. No hereditary emoluments, privileges, or 
honors, shall ever be granted, or conferred, in this State. 

Sect. 21. The right of trial by jury shall remain in- 
violate. 

Article £econ&* 

OF THE DISTRIBUTION OF POWERS. 

The powers of government shall be divided into three 
distinct departments, and each of them confided to a separate 
magistracy, to wit, those which are legislative, to one ; those 
which are executive, to another; and those which are judicial, 
to another. 

Article €f)irfc, 

OF THE LEGISLATIVE DEPARTMENT. 

Sect. i. The legislative power of this State shall be 
vested in two distinct houses or branches; the one to be 
styled The Senate, the other The House of Representa- 
tives, and both together THE GENERAL ASSEMBLY. 
The style of their laws shall be, Be it enacted by the Senate and 
House of Representatives in General Assembly convened. 

Sect. 2. There shall be a stated session of the General 
Assembly to be holden at Hartford biennially on the Wednes- 
day following the first Monday of the January next succeed- 
ing the election of its members as now provided by law, and 
at such other times as the General Assembly shall judge 
necessary; but the person administering the office of Gov- 
ernor, may, on special emergencies, convene the General 
Assembly at said place at any other time. And in case of 
danger from the prevalence of contagious diseases, in said 



CONSTITUTION OF CONNECTICUT. 4I 

place, or other circumstances, the person administering the 
office of Governor may, by proclamation, convene said As- 
sembly at any other place in this State. 

Sect. 3. The House of Representatives shall consist of 
electors residing in towns from which they are elected. 
Every town which now contains, or hereafter shall contain 
a population of five thousand, shall be entitled to send two 
representatives, and every other one shall be entitled to its 
present representation in the General Assembly. The popu- 
lation of each town shall be determined by the enumeration 
imade under the authority of the census of the United States, 
next before the election of representatives is held. In case 
a new town shall hereafter be incorporated, such new town 
shall not be entitled to a Representative in the General As- 
t sembly unless it has at least twenty-five hundred inhabitants, 
and unless the town from which the major portion of its 
territory is taken has also at least twenty-five hundred in- 
habitants ; but until such towns shall each have at least 
twenty-five hundred inhabitants, such new town shall, for the 
purpose of representation in the General Assembly, be at- 
tached to, and be deemed to be a part of, the town from 
which the major portion of its territory is taken, and it shall 
be an election district of such town for the purpose of repre- 
sentation in the House of Representatives. 

[The Senate of this State shall consist of not less than 
eighteen nor more than twenty-four members, and be chosen 
by districts. The General Assembly (of 1829) shall divide the 
State into districts for the choice of Senators, and shall de- 
termine what number shall be elected in each, which districts 
shall not be less than eight, nor more than twenty-four in 
number, and in forming them regard shall be had to the pop- 
ulation in said apportionment in such manner that no county 
shall have less than two Senators.]* 



* The Constitutional provision relating to Senators and Senatorial 
districts appears in the amendment of 1S2S. The remaining portions 
of that amendment authorize the Legislature to redistrict the State 



42 CONSTITUTION OF CONNECTICUT. 

Sect. 4. From and after the Wednesday after the first 
Monday of -January, 1905, the senate shall be composed of 
not less than twenty-four and not more than thirty-six mem- 
bers, who shall be elected at the electors' meetings held bi- 
ennially on the Tuesday after the first Monday in November. 

Sect. 5. The general assembly which shall be held on 
the Wednesday after the first Monday of January, 1903, shall 
divide the state into senatorial districts, as hereinafter pro- 
vided; the number of such districts shall not be less than 
twenty-four nor more than thirty-six, and each district shall 
elect only one senator. The districts shall always be com- 
posed of contiguous territory, and in forming them regard 
shall be had to population in the several districts, that the 
same may be as nearly equal as possible under the limita- 
tions of this section. Neither the whole or a part of one 
county shall be joined to the whole or a part of another 
county to form a district, and no town shall be divided, un- 
less for the purpose of forming more than one district wholly 
within such town, and each county shall have at least one 
senator. The districts, when established as hereinafter pro- 
vided, shall continue the same until the session of the gen- 
eral assembly next after the completion of the next census 
of the United States, which general assembly shall have power 
to alter the same, if found necessary to preserve a proper 
equality of population in each district, but only in accord- 

from time to time on the basis of population, and provide the man- 
ner in which districts shall be formed. The Legislature has acted 
several times under that amendment, the last time in 1SS1, Revised 
Statutes of 1888, Section 197, when the limit of twenty-four Senators 
allowed by the amendment of 1S28 was reached, and the next Senate 
will be elected under that statute. The amendment adopted in 1901, 
which becomes operative in 1903, is largely copied from the amend- 
ment of 1828 in respect to the time and manner in which the State 
may be redistricted by the Legislature, and the manner in which dis- 
tricts may be formed. Those provisions appear in this compilation 
of the Constitution in the second succeeding section [Sec. 5]. but 
have not been inserted here because they will apply to only one more 
election in the districts as already formed, and because to insert those 
provisions here would simply be repetition. 



CONSTITUTION OF CONNECTICUT. 43 

ance with the principles above recited; after which said dis- 
tricts shall not be altered, nor the number of senators altered, 
except at a session of the general assembly next after the 
completion of a census of the United States, and then only 
in accordance with the principles hereinbefore provided. The 
persons voted for for Senators shall, at the time of such vote, 
belong to and reside in the respective districts in which they 
are so voted for. 

Sect. 6. The Treasurer, Secretary, and Comptroller, for 
the time being, shall canvass the votes publicly. The person 
in each district having the greatest number of votes for sen- 
ator shall be declared to be elected for such district: but in 
cases where no choice is made by the electors in consequence 
of an equality of votes, the House of Representatives shall 
designate, by ballot, which of the candidates having such 
equal number of votes, shall be declared to be elected. The 
return of votes, and the result of the canvass, shall be sub- 
mitted to the House of Representatives, and also to the 
Senate, on the first day of the session of the General Assem- 
bly; and each house shall be the final judge of the election 
returns and qualifications of its own members. 

Sec. 7. A general election for Governor, Lieutenant- 
Governor, Secretary, Treasurer, Comptroller, and members 
of the General Assembly shall be held on the Tuesday after 
the first Monday of November, biennially, as now provided 
by law, and for such other officers as are herein and may be 
hereafter prescribed. The General Assembly shall have 
power to enact laws regulating and prescribing the order and 
manner of voting for said officers, and also providing for the 
election of representatives at some time subsequent to the 
Tuesday after the first Monday of November in all cases 
when it shall so happen that the electors in any town shall 
fail on that day to elect the representative or representatives 
to which such town shall be by law entitled. 

Sec. 8. At the general election for State officers and 
members of the General Assembly the presiding officers shall 



44 CONSTITUTION OF CONNECTICUT. 

receive the votes of the electors, which shall be by ballot, 
either written or printed, and count and declare them in open 
meeting. The presiding officers shall also make duplicate 
lists of the persons voted for, and of the number of votes for 
each, which shall be certified by the presiding officers ; one of 
which lists shall be delivered to the town clerk, and the other 
within ten days after said meeting, shall be delivered under 
seal, either to the secretary, or to the sheriff of the county 
in which said town is situated ; which list shall be directed to 
the Secretary, with a superscription expressing the purport 
of the contents thereof: and each sheriff, who shall receive 
such votes, shall, within fifteen days after said meeting, de- 
liver, or cause them to be delivered, to the Secretary. 

Sect. 9. The members of the General Assembly shall 
hold their offices for two years from the Wednesday follow- 
ing the first Monday of the January next succeeding their 
election, and until their successors are duly qualified. 

Sect. 10. The House of Representatives, when assem- 
bled, shall choose a speaker, clerk, and other officers. The 
Senate shall choose its clerk, and other officers, except the 
President. A majority of each house shall constitute a quo- 
rum to do business ; but a smaller number may adjourn from 
day to day, and compel the attendance of absent members in 
such manner, and under such penalties, as each house may 
prescribe. 

Sect. ii. Each house shall determine the rules of its 
own proceedings, punish members for disorderly conduct, 
and, with the consent of two thirds, expel a member, but not 
a second time for the same cause; and shall have all other 
powers necessary for a branch of the legislature of a free 
and independent State. 

Sect. 12. Each house shall keep a journal of its pro- 
ceedings, and publish the same, when required by one-fifth 
of its members, except such parts as, in the judgment of a 
majority require secrecy. The yeas and nays of the mem- 



CONSTITUTION OF CONNECTICUT. 45 

bers of either house shall, at the desire of one-fifth of those 
present, be entered on the journals. 

Sect. 13. The senators and representatives shall, in all 
cases of civil process, be privileged from arrest, during the 
session of the general assembly, and for four days before the 
commencement, and after the termination of any session 
thereof. And for any speech or debate in either house, they 
shall not be questioned in any other place. 

Sect. 14. The debates of each house shall be public, 
except on such occasions as, in the opinion of the house, may 
require secrecy. 

Sect. 15. The compensation of members of the General 
Assembly shall not exceed three hundred dollars for the 
term for which they are elected, and one mileage each way 
for the regular session at the rate of twenty-five cents per 
mile ; they shall also receive one mileage at the same rate for 
attending any extra session called by the Governor. 

Sect. 16. Neither the General Assembly, nor any 
County, City, Borough, Town, or School District, shall have 
power to pay or grant any extra compensation to any public 
officer, employe, agent, or servant, or increase the compen- 
> sation of any public officer or employe, to take effect during 

the continuance in office of any person whose salary might be 
increased thereby, or increase the pay or compensation of 
any public contractor above the amount specified in the 
contract. 

Article tfourtlj, 

OF THE EXECUTIVE DEPARMENT. 

I Sect. i. The Governor, Lieutenant-Governor, Secre- 

tary, Treasurer, and Comptroller shall hold their respective 
offices for two years from the Wednesday following the first 
Monday of the January next succeeding their election, and 
until their successors are duly qualified. 



46 CONSTITUTION OF CONNECTICUT. 

Sect. 2. At the meetings of the electors in the respect- 
ive towns held biennially as herein provided for the election 
of State officers, members of the General Assembly, and for 
such other officers as are and may be hereafter prescribed, 
the presiding officers shall receive the ballots and shall count 
and declare the same in the presence of the electors. When 
such ballots shall have been so received and counted, dupli- 
cate lists of the persons voted for, and of the number of 
votes given for each, shall be made and certified by the pre- 
siding officer, one of which lists shall be deposited in the 
office of the town clerk within three days, and the other, 
within ten days after said election, shall be transmitted to the 
Secretary, or to the sheriff of the county, in which such elec- 
tion shall have been held. The sheriff receiving said votes 
shall deliver, or cause them to be delivered to the Secretary, 
within fifteen days next after said election. The votes so re- 
turned shall be counted, canvassed and declared by the Treas- 
urer, Secretary, and Comptroller," within the month of No- 
vember. The vote for Treasurer shall be counted, canvassed 
and declared by the Secretary and Comptroller only ; the vote 
for Secretary shall be counted, canvassed and declared by the 
Treasurer and Comptroller only; and the vote for Comp- 
troller shall be counted, canvassed and declared by the Treas- 
urer and Secretary only. A fair list of the persons and num- 
ber of votes given for each, together with the returns of the 
presiding officers, shall be, by the Treasurer, Secretary, and 
Comptroller, made and laid before the General Assembly, 
then next to be holden, on the first day of the session thereof. 
In the election for governor, lieutenant-governor, secretary, 
treasurer, comptroller, and attorney-general, the person found 
by the general assembly, in the manner herein provided, to 
have received the greatest number of votes for each of said 
offices respectively, shall be declared by said assembly to be 
elected. But if two or more persons shall be found to have 
an equal and the greatest number of votes for any of said 
offices, then the general assembly, on the second day of its 
session, by joint ballot of both houses, shall proceed without 
debate to choose said officer from a list of the names of the 



CONSTITUTION OF CONNECTICUT. 47 

persons found to have an equal and greatest number of votes 
for said office. The General Assembly shall by law prescribe 
the manner in which all questions concerning the election of 
the above named officers shall be determined. 

Sect. 3. The supreme executive power of the State shall 
be vested in the Governor. No person, who is not an elector 
of this State, and who has not arrived at the age of thirty 
years, shall be eligible. 

Sect. 4. The Lieutenant Governor shall possess the 
same qualifications as are herein prescribed for the Governor. 

Sect. 5. The compensations of the Governor and Lieu- 
tenant Governor shall be established by law, and shall not be 
varied so as to take effect until after an election, which shall 
next succeed the passage of the law establishing said com- 
pensations. 

Sect. 6. The Governor shall be Captain General of the 
militia of the State, except when called into the service of 
the United States. 

Sect. 7. He may require information in writing from the 
officers in the executive department, on any subject relating 
to the duties of their respective offices. 

Sect. 8. The Governor, in case of a disagreement be- 
tween the two houses of the General Assembly, respecting 
the time of adjournment, may adjourn them to such time as 
he shall think proper, not beyond the day of the next stated 
session. 

Sect. 9. He shall, from time to time, give to the Gen- 
eral Assembly, information of the state of the government. 
and recommend to their consideration such measures as he 
shall deem expedient. 

Sect. 10. He shall take care that the laws be faithfully 
executed. 



4 8 CONSTITUTION OF CONNECTICUT. 

Sect. it. The Governor shall have power to grant re- 
prieves after conviction, in all cases except those of impeach- 
ment, until the end of the next session of the General Assem- 
bly, and no longer. 

Sect. 12. All commissions shall be in the name and by 
authority of the State of Connecticut; shall be sealed with 
the State seal, signed by the Governor, and attested by the 
Secretary. 

Sect. 13. Every bill which shall have passed both houses 
of the General Assembly, shall be presented to the Governor. 
If he approves, he shall sign and transmit it to the Secretary, 
but if not, he shall return it to the house in which it origi- 
nated, with his objections, which shall be entered on the 
journals of the house ; who shall proceed to reconsider the 
bill. If after such reconsideration, that house shall again 
pass it, it shall be sent, with the objections, to the other house, 
which shall also reconsider it. If approved, it shall become 
a law. But in such cases the votes of both houses shall be 
determined by yeas and nays ; and the names of the members 
voting for and against the bill, shall be entered on the jour- 
nals of each house respectively. If the bill shall not be re- 
turned by the Governor within three days, Sundays excepted, 
after it shall have been presented to him, the same shall be a 
law, in like manner as if he had signed it ; unless the General 
Assembly, by their adjournment, prevents its return, in which 
case it shall not be a law. 

Sect. 14. The Lieutenant Governor shall, by virtue of 
his office, be President of the Senate, and have, when in com- 
mittee of the whole, a right to debate, and when the Senate 
is equally divided, to give the casting vote. 

Sect. 15. In case of the death, resignation, refusal to 
serve, or removal from office of the Governor, or of his im- 
peachment, or absence from the State, the Lieutenant Gov- 
ernor shall exercise the powers and authority appertaining 
to the office of Governor, until another be chosen at the next 



CONSTITUTION OF CONNECTICUT. . g 

periodical election for Governor, and be duly qualified ; or 
until the 'Governor impeached or absent, shall be acquitted 
or return. 

Sect. 16. When the government shall be administered 
by the Lieutenant Governor, or he shall be unable to at- 
tend as President of the Senate, the Senate shall elect one of 
their members as President pro tempore. And if during the 
vacancy of the office of Governor, the Lieutenant Governor 
shall die, resign, refuse to serve, or be removed from office, 
or if he shall be impeached, or absent from the State, the 
President of the Senate pro tempore, shall, in like manner, 
administer the government, until he be superseded by a Gov- 
ernor or Lieutenant Governor. 

Sect. 17. If the Lieutenant Governor shall be required 
to administer the government, and shall, while in such ad- 
ministration, die or resign during the recess of the General 
Assembly, it shall be the duty of the Secretary, for the time 
being, to convene the Senate for the purpose of choosing a 
President pro tempore. 

Sect. 18. The Treasurer shall receive all monies be- 
longing to the State, and disburse the same only as he may 
be directed by law. He shall pay no warrant or order for 
the disbursement of public money, until the same has been 
registered in the office of the Comptroller. 

Sect. 19. The Secretary shall have the safe keeping and 
custody of the public records and documents, and particu- 
larly of the Acts, Resolutions and Orders of the General 
Assembly, and record the same ; and perform all such duties 
as shall be prescribed by law. He shall be the keeper of the 
seal of the State, which shall not be altered. 

Sect. 20. The Comptroller shall adjust and settle all 

public accounts and demands, except grants and orders of the 

General Assembly. He shall prescribe the mode of keeping 

and rendering all public accounts. He shall c.v officio be one 

4 



co CONSTITUTION OF CONNECTICUT. 

of the auditors of the accounts of the Treasurer. The Gen- 
eral Assembly may assign to him other duties in relation to 
his office, and to that of the Treasurer, and shall prescribe the 
manner in which his duties shall be performed. 

Sect. 21. Sheriffs shall be elected in the several counties 
quadrennially on the Tuesday after the first Monday of No- 
vember, as now provided by law, and shall hold office for 
the term of four years from the first day of June following 
their election. They shall become bound, with sufficient sure- 
ties, to the Treasurer of the State, for the faithful discharge 
of the duties of their office, in such manner as shall be pre- 
scribed by law. They shall be removable by the General 
Assembly. In case the sheriff of any county shall die, re- 
sign, or shall be removed from office by the General Assem- 
bly, the Governor may fill the vacancy occasioned thereby, 
until the same shall be filled by the next quadrennial election. 

Sect. 22. A statement of all receipts, payments, funds, 
and debts of the State, shall be published from time to time, 
in such manner and at such periods as shall be prescribed 
by law. 

Article jrifttj- 

OF THE JUDICIAL DEPARTMENT. 

Sect. i. The judicial power of the State shall be vested 
in a Supreme Court of Errors, a Superior Court, and such 
inferior courts as the General Assembly shall, from time to 
time, ordain and establish: the powers and jurisdiction of 
which courts shall be defined by law. 

Sect. 2. The justices of the peace for the several towns 
in this State shall be appointed by the electors in such towns ; 
and the time and manner of their election, the number for 
each town, and the period for which they shall hold their 
offices, shall be prescribed by law. They shall have such 



CONSTITUTION OF CONNECTICUT. $1 

jurisdiction in civil and criminal cases as the General Assem- 
bly may prescribe. 

Sect. 3. The judges of the Supreme Court of Errors 
and of the Superior Court shall, upon nomination of the Gov- 
ernor, be appointed by the General Assembly in such man- 
ner as shall by law be prescribed. They shall hold their 
offices for the term of eight years, but may be removed by 
impeachment ; and the Governor shall also remove them on 
the address of two-thirds of each house of the General As- 
sembly. No judge or justice of the peace shall be capable of 
holding office after he shall arrive at the age of seventy years. 

Sect. 4. Judges of the Courts of Common Pleas, and 
x of the District Courts, shall be appointed for terms of four 

years. Judges of the City Courts and Police Courts shall 
be appointed for terms of two years. 

Sect. 5. Judges of Probate shall be elected by the elec- 
tors residing in their respective districts at the general elec- 
tion biennially. They shall hold their offices for two years 
from the Wednesday after the first Monday of the January 
next succeeding their election. 



Article £ix-tt). 

OF THE QUALIFICATIONS OF ELECTORS. 

Sect. i. All persons who have been, or shall hereafter, 
previous to the ratification of this Constitution, be admitted 
freemen, according to the existing laws of this State, shall 
be electors. 

Sect. 2. Every male citizen of the United States who 
shall have attained the age of twenty-one years, who shall 
have resided in this State for a term of one year next pre- 
ceding, and in the town in which he may offer himself to be 



52 CONSTITUTION OF CONNECTICUT. 

admitted to. the privileges of an elector, at least six months 
next preceding the time he may so offer himself, and shall be 
able to read in the English language any article of the Con- 
stitution or any section of the Statutes of this State, and shall 
sustain a good moral character, shall, on his taking such oath 
as may be prescribed by law, be an elector. 

Sect. 3. The privileges of an elector shall be forfeited 
by a conviction of bribery, forgery, perjury, duelling, fraudu- 
lent bankruptcy, theft, or other offense for which an infamous 
punishment is inflicted. But the General Assembly shall 
have power, by vote of two-thirds of the members of both 
branches, to restore the privileges of an elector to those who 
may have forfeited the same by a conviction of crime. 

Sect. 4. Every elector shall be eligible to any office in 
this State, except in cases provided for in this Constitution. 

Sect. 5. The selectmen and town clerk of the several 
towns shall decide on the qualifications of electors, at such 
times and in such manner as may be prescribed by law. 

Sect. 6. Laws shall be made to support the privilege of 
free suffrage, prescribing the manner of regulating and con- 
ducting meetings of the electors, and prohibiting, under ade- 
quate penalties, all undue influence therein, from power, 
bribery, tumult and other improper conduct. 

Sect. 7. In all elections of officers of the State, or mem- 
bers of the General Assembly, the votes of the electors shall 
be by ballot. 

Sect. 8. At all elections of officers of the State, or mem- 
bers of the General Assembly, the electors shall be privileged 
from arrest, during their attendance upon, and going to, and 
returning from the same, on any civil process. 



COXSTITL n TICUT, : 

%ttidt &tmab- 

OF RELIGK 

Sect. i. It being die dstr of all men to worship the 
Supreme Being, die Great Creator and Preserver of die 

v*r-.* c—: :- - : ': :; --.'..' :-\: ;-\:.z r. :>.* - ;- .- 
zzzz.z--- ;;:•.;- - - ...^/-. : -. ' r. -.:':,. -- 

f-.s" . :^ -.* ".'—.-.. '.■-.-. -.-. /. -. -r .-.--.-. .--,- -.* 

-r y . . ; . , = ;- . - - ■ - - - 

•"-_r. ..' / . \ r :' :-\- :::: ; ; \. \ :\ \- : ,.. --.- 

\:\.':\" \7. ': ~ _- ' - -:---.-; -~ ir- :: -.': ^,.-. 
*r.i e r ::::::; ;r .;-;- -:..;.- ;' '.-;.. =-.: - . - ~ 

2>Jc" :-.-.V: "I :- -., :-; Ii~^ 1'. ;^ :" = ! zz r \ 
zr. ■■'.=■.'{-'-. \zz -.'-J'. '---■-. zz ■-' zz.z i;:':-:; :: 
i:::y rviir. :> - r -\ :r \ ' . :: :J:v.r - ..r-.z . .— 



':- ".= : '-.;• z z: \\\- ■ \- ■- / , ..:z ; :-; i - : : i: -V 

Sect. 2. If any person snail choose to separate hrrrwdf 

~\; \- \- -: \~r_ - \ \.-\- \ \ - ~ _-_ - - - :zt 

z'-tr-: ;:' =-::;-. e:: :~ h- e .i" zizzTzizzz :e - : ;'V : " 



OF EDLXATION". 
inta : The charter of Yale College, 

of the General Assembly, passed in Y. 

.T—.t : 




54 CONSTITUTION OF CONNECTICUT. 

Sect. 2. The fund, called the School Fund, shall re- 
main a perpetual fund, the interest of which shall be inviola- 
bly appropriated to the support and encouragement of the 
public, or common schools throughout the state, and for the 
equal benefit of all the people thereof. The value and amount 
of said fund shall, as soon as practicable, be ascertained in 
such manner as the General Assembly may prescribe, pub- 
lished, and recorded in the Comptroller's office ; and no law 
shall ever be made, authorizing said fund to be diverted to 
any other use than the encouragement and support of public, 
or common schools, among the several school societies, as 
justice and equity shall require. 

Article jjJintlj, 

OF IMPEACHMENTS. 

Sect. i. The House of Representatives shall have the 
sole power of impeaching. 

Sect. 2. All impeachments shall be tried by the Senate. 
When sitting for that purpose, they shall be on oath or 
affirmation. No person shall be convicted without the con- 
currence of two-thirds of the members present. When the 
Governor is impeached, the Chief Justice shall preside. 

Sect. 3. The Governor, and all other executive and judi- 
cial officers, shall be liable to impeachment; but judgments 
in such cases shall not extend further than to removal from 
office and disqualification to hold any office of honor, trust 
or profit under this State. The party convicted, shall, never- 
theless, be liable and subject to indictment, trial and punish- 
ment according to law. 

Sect. 4. Treason against the State shall consist only in 
levying war against it, or adhering to its enemies, giving them 
aid and comfort. No person shall be convicted of treason, 
unless on the testimony of two witnesses to the same overt 
act, or on confession in open court. No conviction of trea- 
son, or attainder, shall work corruption of blood or forfeiture. 



CONSTITUTION OF CONNECTICUT. ** 

SUtticIc €entl> 

GENERAL PROVISIONS. 

Sect. i. Members of the General Assembly, and all offi- 
cers, executive and judicial, shall, before they enter on the 
duties of their respective offices, take the following oath or 
affirmation, to wit: 

You do solemnly swear, or affirm, (as the case may be,) 
that you will support the Constitution of the United States, 
and the Constitution of the State of Connecticut, so long 
as you continue a citizen thereof; and that you will faith- 
fully discharge, according to law, the duties of the office of 
to the best of your abilities. So help you God. 

Sect. 2. Each town shall annually elect selectmen, and 
such officers of local police, as the laws may prescribe. 

Sect. 3. No County, City, Town, Borough, or other 
municipality, shall ever subscribe to the capital stock of any 
railroad corporation, or become a purchaser of the bonds, or 
make donation to, or loan its credit, directly or indirectly, in 
aid of any such corporation ; but nothing herein contained 
shall affect the validity of any bonds or debts incurred under 
existing laws, nor be construed to prohibit the General As- 
sembly from authorizing any Town or City to protect by 
additional appropriations of money or credit any railroad debt 
contracted prior to the amendment to the Constitution, 
adopted October, 1877. 

Sect. 4. The rights and duties of all corporations shall 
remain as if this Constitution had not been adopted ; with the 
exception of such regulations and restrictions as are con- 
tained in this Constitution. All judicial and civil officers now 
in office, shall continue to hold their offices until their terms 
of office shall expire, or until they shall resign, or be removed 
from office according to law. All military officers shall con- 
tinue to hold and exercise their respective offices, until their 
terms of office shall expire or until they shall resign, or be 



Xfi CONSTITUTION OF CONNECTICUT. 

removed according to law. All laws not contrary to, or in- 
consistent with, the provisions of this Constitution, shall re- 
main in force, until they shall expire by their own limitation, 
or shall be altered or repealed by the General Assembly, in 
pursuance of this Constitution. The validity of all bonds, 
debts, contracts, as well of individuals as of bodies corporate, 
or the State, of all suits, actions, or rights of action, both in 
law and equity, shall continue as if no change had taken place. 

Sect. 5. No judge of the Superior Court, or of the Su- 
preme Court of Errors ; no member of Congress ; no person 
holding any office under the authority of the United States ; 
no person holding the office of Treasurer, Secretary, or 
Comptroller; no sheriff or sheriff's deputy, shall be a mem- 
ber of the General Assembly. 

&ttidc €lt\*cntl). 

OF AMENDMENTS TO THE CONSTITUTION. 

Whenever a majority of the House of Representatives 
shall deem it necessary to alter, or amend this Constitution, 
they may propose such alteration and amendments ; which 
proposed amendments shall be continued to the next Gen- 
eral Assembly, and be published with the laws which may 
have been passed at the same session ; and if two-thirds of 
each house, at the next session of said Assembly, shall ap- 
prove the amendments proposed., by yeas and nays, said 
amendments shall, by the Secretary, be transmitted to the 
town clerk in each town in the State ; whose duty it shall be 
to present the same to the inhabitants thereof, for their con- 
sideration, at a town meeting, legally warned and held for 
that purpose ; and if it shall appear in a manner to be pro- 
vided by law, that a majority of the electors present at such 
meetings, shall have approved such amendments, the same 
shall be valid, to all intents and purposes, as a part of this 
Constitution. 



Constitutional 
Reform 

EXTRACT FROM 

Gov, McLean's Message 

To the General Assembly 
January Session, 1901 



Printed by Order of the Comptroller 



Constitutional Reform 

[Extract from Governor McLean's Message.] 



HE Constitution of the State of Connecticut, 
like those of her sister republics, always has 
been, is now, and always will be complained 
against by good and patriotic men. 

The State of Connecticut is, however, by 
the testimony of all her loyal sons, as good a State to live 
in as there is in the Union. 

Many of her blessings are due to the wealth and variety 
of her natural endowments, but many more are due to the 
wisdom of the fathers who laid the foundations of her gov- 
ernment in the adamant of morality and justice. 

For more than two centuries the fundamental law of Con- 
necticut has been the admiration and inspiration of the rep- 
resentative republics of the world. And if the citizens of 
Connecticut have preferred stability to uncertain change. 
their choice has brought them great prosperity and the repu- 
tation of being a people of steady habits which, with God's 
help, may they long retain. 

Nothing is so destructive of credit and the general well- 
being of society as constant modification of fundamental law. 
and injustices in a constitution offending theory only may 
well be preferred to experimental attempts at impossible 
ideals. 

The general plan of our Constitution in its protection 
against the wrong kind of liberty is, in the judgment of many. 
better than that possessed by any other State in the Union. 
I do not say that it is perfect. Perfection is hard to find in 
temples made with hands. 

We are told that a perfect form of government is possible. 



p 



60 CONSTITUTIONAL REFORM. 

and that it will be the one that runs in exact harmony with 
the immutable laws of Nature. This may be true, and when 
discovered still be unsatisfactory, for some of the best of us 
will, I fear, always find occasion to criticise natural regula- 
tions. 

On the other hand, we need never fear to remedy a man- 
ifest wrong in fundamental law, if that wrong clearly affects a 
majority of the people. And the minority, however dearly 
it may cherish the law that causes that wrong, should remem- 
ber that the very life of a democracy depends upon the pa- 
triotic obedience of all to the will of the majority. We must 
expect to amend our Constitution for years, if not for cen- 
turies to come. We should be willing and even glad to do 
so when natural causes that could not be foreseen have, in 
the course of time, rendered an amendment a plain duty. 

In 1639 when the State had but three towns, each town 
was given four deputies to the General Court, and it was 
further provided in the first of written Constitutions that what- 
ever other towns should thereafter be added to Connecticut, 
" They shall send so many deputies as the Court should judge 
meet a reasonable proportion to the number of freemen that 
are in the said towns being." 

It was then the definite expressed purpose of the founders 
of the State to give to each town such number of deputies as 
would be in reasonable proportion to the number of free- 
men therein, and to every town some representation. It can- 
not be denied that this apportionment was conservative, wise, 
and just. 

At present, owing to a very large increase in the popu- 
lation of some towns and very little, if any, in others, it is 
theoretically possible for less than twenty per cent, of the 
people of Connecticut to elect a clear majority of both 
branches of the General Assembly, and so secure absolute 
control of the entire State government, and as an adjunct to 
this unanticipated departure from the original intent of the 
founders, some towns having a population of less than 500 



CONSTITUTIONAL REFORM. fa 

retain two representatives, while others having ten times that 
number are entitled to but one. 

Some of you may be tempted to point to the proposed in- 
crease in the Senate as fully satisfying the spirit of the Con- 
stitution. I cannot see wherein this amendment can be 
soberly considered as a remedy for the real and growing in- 
justice in the apportionment of the representation in the 
House. The Senate in name, purpose, and history is the 
smaller and conservative body, and it should in my judgment 
remain such. 

There are at present eighty-seven towns having two rep- 
resentatives and eighty-one towns having but one. If each 
town is given one representative, and there is added to every 
town exceeding a certain population one representative for 
each ten thousand or more of such excess, you will fairly and 
substantially remove the present injustice, and still retain 
the federal or territorial element in the present Constitution. 

It is a compromise, but an honorable and logical com- 
promise, in which the people gain much, and the towns save 
much in retaining a privilege which to them is an education 
and a dignity as dear and sacred as it is conservative and 
beneficial to the State. 

A reapportionment that would entirely deprive the smaller 
towns of their individual representation would be a radical 
and complete departure from the plan of the founders, and 
I fear that any attempt to secure such a reapportionment 
would be as unsuccessful as it would be unwise. Many of 
us still believe in the little town republics. And whether 
they created the State or the State created them, they have 
lived together in harmony and stood shoulder to shoulder in 
defense of each other and the State too long to become an- 
tagonists now. 

If, upon careful and unprejudiced deliberation, you be- 
come convinced, as I am convinced, that a fair reapportion- 
ment of the representation in the co-ordinate branches of 
the General Assembly is due to and greatly desired by a large 



62 CONSTITUTIONAL REFORM. 

majority of the people of Connecticut, the manner in which 
the Constitution shall be altered to allow such reapportion- 
ment will be of next importance. 

You will hear much about the necessity of a constitutional 
convention from many zealous and farseeing men, but I cau- 
tion you that in adopting this plan you would open the door 
to guest and stranger alike and throw the key away. I can 
see no argument in favor of this irregular, expensive, and 
wide-open policy but that of speed. It is cutting across lots 
in the dark with many ditches to avoid, and some of us were 
wisely taught by our fathers that " the longest way around is 
the shortest way home." There is ability enough and to 
spare in this Assembly to compile, if thought best, the nine- 
teen pages of our present Constitution, save the living pro- 
visions, and add thereto such changes as you may approve. 

The Constitution so compiled and amended would be 
printed with the laws enacted by you and freely circulated 
and discussed- during the next two years, and when finally 
submitted to the people it could be voted for intelligently and 
without fear of hidden flaw or deception. 

It should also be remembered that most of the vital pro- 
visions in our present Constitution have been judicially con- 
strued by our Supreme Court, and any change in the text, 
however slight, might entail much hardship, uncertainty, 
and expensive litigation. 

In view of the large number of self-professed experts in 
constitutional surgery who, anticipating the pleasures of un- 
restricted vivisection, have already provided themselves with 
knife and antiseptic, you will, in my judgment, serve and 
please the people best by permitting the use of such reme- 
dies only as may be necessary to preserve the vigor and spirit 
of the trusted guardian of the people's rights. 

The proposal to require the election of County Commis- 
sioners by the people, and all similar tilting for party advan- 
tage, have no place in this discussion, and should in my 
opinion occupy but little of your time. The Constitution is 
a limitation and should never be made a code. 



CONSTITUTIONAL REFORM. 63 

If any change is needed in the manner of choosing County 
Commissioners or the Judges of our minor courts, it does 
not, I think, lie in the direction of the town caucus. 

The amendment now pending which provides for plurality 
election of State officers, although clearly undemocratic in 
theory, is abundantly approved by precedent and experience, 
and until some plan is devised whereby a majority can ex- 
press its choice at one poll it will be more satisfactory than 
the present ultra conservative method. 

As a possible help to a clear understanding of the history 
and purpose of our Constitution and the present need of a 
change in the apportionment of the representation in the 
General Assembly, I recommend that each member be sup- 
plied with a copy of Dr. J. Hammond Trumbull's Historical 
Notes on the Constitutions of Connecticut, printed by order 
of the Legislature in 1873. 



Amendments to 
the Constitution 

CONCERNING REPRESENTATION 

Proposed to and Rejected by 
the General Assembly y 1901 



Printed by Order of the Comptroller 



Amendments to the 
Constitution 

IRCSOiutlOn Proposing an Amendment 
to the Constitution concerning the 
Number of Members of the House 
of Representatives. 

General Assembly, 
January Session, A.D. 1901. 
Resolved by this House: 

That the following be proposed as an amendment to the 
constitution of this state, which, when approved and adopted 
in the manner provided by the constitution, shall, to all in- 
tents and purposes, become a part thereof, to wit : 

Section i. The house of representatives shall consist 
of electors residing in the towns from which they are elected. 
Every town having less than twenty-five hundred inhabitants 
shall be entitled to send one representative to the general 
assembly ; every town having twenty-five hundred inhabitants 
shall be entitled to send two representatives, and every town 
having a greater number of inhabitants shall be entitled to 
send one additional representative for each twenty thousand 
inhabitants in excess of twenty-five hundred. The population 
of each town shall be determined by the enumeration made 
under the authority of the census of the United States, next 
before the election of representatives is held, and when once 
determined the number of representatives shall not be changed 
until after the enumeration made under authority of the next 
succeeding census of the United States. 

Sec. 2. The general assembly which shall be held on the 



I 



68 PROPOSED AMENDMENTS. 

Wednesday after the first Monday of January, A.D. 1905, 
shall divide" each town entitled to more than two representa- 
tives into districts, and one representative shall be chosen 
from each district. Such districts shall always be composed 
of contiguous territory and shall contain as nearly as prac- 
ticable an equal number of inhabitants. Such districts, when 
established as herein provided, shall continue the same until 
the session of the general assembly next after the next suc- 
ceeding census of the United States, which general assembly 
shall have power to increase or reduce the number of dis- 
tricts in any town according to the principles above prescribed, 
and to alter such districts when necessary to preserve a proper 
equality of population therein. 

Sec. 3. The provisions of article XVIII of the amend- 
ments to the constitution respecting the representation of new 
towns shall remain in full force and effect. 

Resolved, That the foregoing proposed amendment to the 
constitution be continued to the next session of the general 
assembly, and be published with the laws passed at the pres- 
ent session. 

[House Resolution No. 25.] 

House of Representatives, 
January Session, 1901. 
Resolved by this House: 

That the following be proposed as an amendment to the 
Constitution of this State, which, when approved and adopted 
in the manner provided by the Constitution, shall to all in- 
tents and purposes become a part thereof. 

Any town in this State having a less population than five 
thousand, by the last previous census of the United States, 
shall be hereafter entitled to only one representative in the 
House. Towns having a population of five thousand or 
more shall each be entitled to two representatives. Towns, 
or towns including cities, having a greater population than 
ten thousand by the last previous census shall be entitled to 



PROPOSED AMENDMENTS. 



69 



one additional representative in the House for each addi- 
tional ten thousand of population or a greater fraction thereof, 
according to said census. The General Assembly shall pro- 
vide for the election of all representatives in such towns hav- 
ing a greater number than two representatives by districts, 
and shall prescribe by law the division of such towns or cities' 
into districts, which districts shall be composed of contiguous 
territory, and as nearly equal in population as practicable. 

Resolved, That the foregoing proposed amendment to the 
Constitution be continued to the next session of the General 
Assembly, and be published with the laws passed at the pres- 
ent session. 

[House Resolution No. 42.] 

State of Connecticut, 
General Assembly, 

January Session, A.D. 1901. 

IRCSOllition Proposing an Amendment 
to the Constitution concerning Rep- 
resentation. 

Resolved by this House: 

That the following be proposed as an amendment to the 
Constitution of this State, which, when approved and adopted 
in the manner provided by the Constitution, shall to all in- 
tents and purposes become a part thereof. 

Hereafter no town having less than twenty-five hundred 
inhabitants, as determined by the enumeration made under 
the authority of the census of the United States next before 
the election of representatives is held, shall be entitled to more 
than one representative. 

Resolved, That the foregoing proposed amendment to the 
Constitution be continued to the next session of the General 
Assembly and be published with the laws passed at the pres- 
ent session. 



Constitutional 

Reform 

SPECIAL MESSAGE 

of His Excellency 

Gov. George P. McLean 



TO THE 



General Assembly of 1901 



Printed by Order of the Comptroller 



CONSTITUTIONAL REFORM. 



fit n 



■:■ 



[Reprinted from House Journal of June 10, 1901.] 

State of Connecticut, 

Executive Department, 

Hartford, June 10, 1901. 

To the Honorable General Assembly: 

AM informed that your committee on Constitutional 
Amendments has reported to your honorable body a 
resolution providing for a Constitutional Convention 
in the event such convention is approved by the elec- 
tors of Connecticut. In my suggestions upon this subject 
communicated to your honorable body at the opening of its 
session, I opposed this method of amending our Constitution. 
Since that time a candid and earnest effort has been made to 
secure in the definite way provided by the Constitution a re- 
apportionment of the membership in the House of Repre- 
sentatives upon a rational, conservative basis most liberal to 
the small communities. This effort has failed. I now con- 
sider it my duty to myself to inform you that I look upon a 
Constitutional Convention as far less dangerous to the system 
of town representation and the good of the State than would 
be continued failure to give this matter the favorable con- 
sideration it deserves before your final adjournment. As a 
citizen of a town of less than 2,500 inhabitants, and a firm 
believer in town representation as established by the founders 
of our government, I am convinced that we cannot too soon 
indicate our determination to treat this all-important subject 
fairly and fearlessly if we desire to merit and preserve the 
confidence and support of the people of Connecticut. If the 
small towns ever lose their right of representation in the 
General Assemblv it will be due to their own refusal to so 
exercise that right that it can be defended by its best friends. 

GEORGE P. McLEAX, 
Governor. 



ACT 

Providing for the Calling of a 
Constitutional Convention 



General Assembly 
i 9 o i 



Printed by Order of the Comptroller 



Call 

for a Constitutional Convention 



[House Bill No. 95-] 
CHAPTER 146. 

Hll Bxt to Provide for the Calling of a 
Constitutional Convention. 

Be it enacted by the Senate and House of Representatives in 
General Assembly convened: - 

Section - i. The question is hereby submitted to the 
electors of this state whether a convention shall or shall not 
be called for the purpose of framing, in the manner and under 
the limitations and restrictions of this act, a form of a con- 
stitution for the state of Connecticut to be proposed to the 
electors of this state for their adoption or rejection. The an- 
nual town meetings which shall be held in the several towns 
of this state and in the several voting districts of those towns 
which are divided into voting districts, on the first Monday of 
October, 1901, for the election of town officers, shall also be 
held for the purpose of deciding said question, and in those 
towns of this state and in the several voting districts of those 
towns which are divided into voting districts, which do not 
hold their annual town meetings for the election of town 
officers on the first Monday of October, there shall be special 
town meetings on said first Monday of October, 1901, for the 
purpose of deciding said question, and notice that said ques- 
tion shall be voted upon shall be given in the warnings of 
said annual and said special town meetings. 



ft 78 CALL FOR CONSTITUTIONAL CONVENTION. 

Sec. 2. The ballots to be used in voting whether said 
convention- shall or shall not be called in addition to the offi- 
cial endorsement shall contain only the words " Constitu- 
tional Convention, Yes," or " Constitutional Convention, 
No," and shall be furnished by the secretary of the state 
printed ready for use in the same manner as provided in 
chapter CCXIII of the public acts of 1897, and shall be of 
uniform size, quality, color, thickness, and style of printing 
for each ballot, to be determined by the secretary. The bal- 
lots for and against the calling of said convention shall be 
placed in the same official envelope with ballots for town 
officers. 

Sec. 3. Said ballots shall be distributed, voted, counted, 
canvassed, and the result of such vote in each town and voting 
district declared and returned to the secretary of the state in 
the same manner, by the same officers, and w r ithin the same 
time after election as is by law provided in the case of the 
votes for governor, and the said votes shall be canvassed by 
the secretary, treasurer, and comptroller at the capitol in 
Hartford on or before the first day of November, 190 1, and 
the result shall within five days thereafter be certified by them 
or a majority of them to the governor, who shall forthwith 
issue his proclamation declaring that said convention has or 
has not been called by said electors as it shall appear from said 
certificate of the secretary, treasurer, and comptroller, or a 
majority of them. Provided that it shall be ascertained in the 
manner hereinbefore provided that said convention has been 
called by the electors of this state, the governor shall call a 
special election to be held on the first Tuesday after the first 
Monday of November, 1901, for the purpose of electing dele- 
gates to such convention, and notice that said delegates are 
to be elected shall be given in the warning of said special 
election. 

Sec. 4. The said constitutional convention shall consist 
of one delegate to said convention from each town in the 
state, and at said special election held as aforesaid there shall 
be chosen, in the same manner as representatives to the gen- 



CALL FOR CONSTITUTIONAL CONVENTION. 79 

eral assembly are now chosen, one delegate to said conven- 
tion from each town, and said delegate shall possess the same 
qualifications now required for a representative in the gen- 
eral assembly. 

Sec. 5. The ballots to be used in the election of said 
delegates shall be issued, printed, distributed, cast, counted, 
and declared in the same manner, by the same officers, and at 
the same time with reference to said election as is now pro- 
vided by law in the case of votes for representatives in the 
general assembly, and the ballots for delegates voted to said 
convention shall be placed in the same official envelope. 

Sec. 6. The said delegates shall meet in convention at 
the capitol in Hartford on the first Wednesday of January 
next succeeding their election. They shall choose one of 
their number to be their president, and they may appoint such 
other officers as they may deem necessary for the convenient 
transaction of their business, and they may determine what 
shall be the duties and compensation of such other officers 
respectively. Said convention shall be the final judge of the 
election returns and qualifications of its own number, and 
shall cause a record of its proceedings to be duly kept, and 
shall have power to make all rules and regulations not in- 
consistent with this act which said convention may deem 
necessary for its own government or for the proper transac- 
tion of its business. A majority of the whole number of said 
delegates duly elected and sworn shall be necessary to con- 
stitute a quorum for the transaction of any of the business 
of said convention, but a smaller number may adjourn from 
day to day. 

Sec. 7. Said convention shall frame under and in accord- 
ance with the limitations and restrictions of this act a form 
of constitution for this state to be submitted to the electors 
of this state for approval or disapproval in the manner which 
said convention may prescribe. 

Sec. 8. Said convention shall not have power to em- 
body and shall not embody in said proposed constitution, or 
in any article to be separately submitted as aforesaid, any pro- 



So CALL FOR CONSTITUTIONAL CONVENTION. 

vision whereby, if said constitution or article should be 
adopted, any- town may or can cease to exist as a separate 
town ; provided, hozvever, that nothing herein contained shall 
prevent said convention, if it shall see fit to do so, from 
making provision whereby any town having a city w r ithin its 
limits may be merged into such city so that such city may 
stand in the place of such town and become vested with all 
the powers, rights, and functions of such town. 

Sec. 9. Said convention shall not have any power to 
embody and shall not embody in said proposed constitution 
or in any such separate article or articles any provision or 
provisions whereby any town can cease to have at any time 
at least one representative in the house of representatives. 

Sec. 10. Said convention shall not have power to em- 
body and shall not embody in said proposed constitution or 
in any such separate article or articles any provision or pro- 
visions whereby any representatives in the house of repre- 
sentatives shall or may be elected otherwise than by towns, 
each town to have, as now, the right of electing its own rep- 
resentative or representatives ; provided, hozvever, that not- 
withstanding anything in this act contained, said convention 
may make in said constitution provision whereby any city, 
into which the town in which it is situated shall have been 
merged, may acquire with the other rights of said town the 
right of electing a representative or representatives instead of 
said town ; and provided further, that said convention may 
make in said constitution provision whereby any town or city 
entitled to two or more representatives may be divided into 
representative districts equal in number to its representatives 
and each entitled to elect one representative, and no more. 

Sec. 11. Every delegate to the convention shall, before 
entering upon the duties of his office, make solemn oath or 
affirmation that he will faithfully discharge the duties of said 
office to the best of his ability. 

Sec. 12. The form of constitution which shall be framed 
by said convention as aforesaid shall be submitted to the 
electors of this state for their adoption or rejection at electors' 



CALL FOR CONSTITUTIONAL CONVENTION. 8l 

meetings which shall be held in the several towns upon some 
day to be designated by said convention, which day shall be 
not less than one month and not more than three months 
subsequent to the final adjournment of said convention. The 
secretary of state shall cause such proposed constitution to 
be published before the holding of said meetings within such 
times and in such manner as said convention shall prescribe. 
Said constitution, if so adopted, shall go into effect at such 
time as shall be fixed by its own express terms for that pur- 
pose; or if no such time shall be fixed therein for that pur- 
pose, then at such time as said convention shall by separate 
resolution have designated. The votes at said electors' meet- 
ings shall be duly canvassed by the same officials in the same 
manner and within the same time as votes returned as cast 
for representatives in congress are now canvassed. The re- 
sult of said canvass of said votes shall be duly certified by 
said canvassers, without delay, to the' governor, who shall 
thereupon publicly declare said result by his proclamation. 

Sec. 13. All electors' meetings provided for by this act 
shall be warned and held in the same manner in which elec- 
tors' meetings for the election of state officers and representa- 
tives are warned and held, and all laws regulating the modes 
of procedure at meetings for the election of state officers and 
members of the general assembly, and all laws relating to 
illegal voting, and all other laws relating to electors and elec- 
tions, so far as such laws are in their nature applicable to the 
electors' meetings and proceedings provided for by this act, 
shall apply to the electors' meetings and proceedings pro- 
vided for by this act, so far as said laws are not inconsistent 
with any of the provisions of this act. 

Sec. 14. The members of said convention shall have the 
same privileges from arrest and immunity for speech as is 
given to the members of the general assembly by section 10, 
article III, of the constitution of this state. 

Sec. 15. The compensation of said delegates shall be 
such as shall be hereafter established by law. Said conven- 
tion may make out its debentures according to law, and may 



82 

4 as in the judgment of a majority may require 

"5 secrecy. The yeas and nays of the members of 

6 either House shall at the desire of one-fifth of 

7 those present, be entered on the journals. 

1 § 10. The Senators and Representatives shall 

2 in all cases except treason, felony, or breach of 

3 the peace, be privileged from arrest during the 

4 session of the General Assembly, and for four 

5 days before the commencement, and after the 

6 termination of any session thereof. And for 

7 any speech or debate in either house, they shall 

8 not be questioned in any other place. 

1 §11. The doors of each house shall be open 

2 except on such occasions as in the opinion of the 

3 House may require secrecy. 

SErticlc f ourtfi. 
EXECUTIVE DEPARTMENT. 

1 § l. The supreme executive power of the State 

2 shall be vested in a Governor, who shall be 

3 elected by the freemen of the State, and shall 

4 hold his office for one year from the first Wcd- 

5 nesday of May next succeeding his election and 

6 until his successor be duly qualified. No per- 

7 son who is not a freeman of this State and who 

8 has not arrived at the age of thirty-five years shall 

9 be eligible. 

1 § 2. At the annual meetings of the freemen of 

2 the respective Towns in the month of April im- 

3 mediately after the election of Senators, the pre- 

4 siding officers shall invite the freemen to present 

5 ballots for him they would elect to be Governor 



^proclamation 

OF HIS EXCELLEXCT 

GEORGE P. McLEAN 
Governor of Connecticut 



Calling for Election of Delegates to the 

CONSTITUTIONAL CONVENTION 

F' 

I O 2 



Printed by Older of the Comptroller 



By bis Excellency George P. 
McLean, Governor of the 
State of Connecticut 9BCM0R 

& proclamation 



Whereas, in pursuance of Chapter 146 of the Public 
Acts of 1901, it being " An Act to provide for the Calling of 
a Constitutional Convention/' the question was submitted to 
the electors of this State at their meetings held in the several 
towns in this State on the first Monday in October, 1901, 
" Whether a convention shall, or shall not, be called for the 
purpose of framing, in the manner and under the limitations 
and restrictions of this act, a form of constitution for the 
State of Connecticut to be proposed to the electors of this 
State for their adoption, or rejection/' and 

Whereas, in pursuance of said act, the Secretary. Treas- 
urer, and Comptroller did, on the seventeenth day of Octo- 
ber, 1901, canvass the votes returned to the Secretary in ac- 
cordance with the provisions of said act, and did on the nine- 
teenth day of October, 1901, transmit to me their certificate, 
under their hands in the words and figures following, viz. : 

" State of Connecticut, 
" Office of the Secretary, 
"Hartford, October 17. 1901. 

" To His Excellency George P. McLean, Governor: 

" The undersigned, having been designated by law to 
canvass the votes given in by the electors at their meetings 
in the several towns in this State on the first Monday in 
October, A.D. 1901, m favor of and against the proposed 
Constitutional Convention, hereby certify that they entered 
upon the duties prescribed them on this seventeenth day of 
October, and duly canvassed the said votes, which were re- 
ceived according to law from all the towns in this State, ex- 
cent from the town of East Haven. 



(f 



86 A PROCLAMATION. 

" The whole number of votes received and counted rela- 
tive to such proposed Constitutional Convention is seventy- 
four thousand and sixty-two, of which number forty-seven 
thousand three hundred and seventeen are in favor of said 
proposed Constitutional Convention, and twenty-six thousand 
seven hundred and forty-five are against said proposed Con- 
stitutional Convention. 

" All of which is respectfully submitted. 

" CHAS. G. R. VINAL, Secretary, 
" HENRY H. GALLUP, Treasurer, 
"ABIRAM CHAMBERLAIN, Comptroller." 

And Whereas, it appears from said certificate that a 
majority of said votes are in favor of calling said Constitu- 
tional Convention, and that said Constitutional Convention 
has been called by the electors of this State, 

Now Therefore, in accordance with the direction of 
said act, I do herein declare that said convention has been 
called by the electors of this State, 

And Whereas, it has been ascertained in the manner 
provided by law that said convention has been called by the 
electors of this State, 

Now Therefore, I, George P. McLean, Governor of 
the State of Connecticut, acting herein by virtue of the au- 
thority vested in me by Chapter 146 of the Public Acts of 
1901, do hereby call a special election to be held on the first 
Tuesday after the first Monday of November, 190 1, for the 
purpose of electing delegates to such convention, according 
to the provisions of said act, and notice that said delegates 
are to be so elected at such meeting shall be given by the 
proper officers in the warning of said special election in the 
manner provided by law. 

In Testimony Whereof I have caused the seal of the 
State to be hereunto affixed, and have hereunto set my 
hand, at Hartford, on this nineteenth day 
of October, in the year of our Lord one 
[seal.] thousand nine hundred and one, and of the 

independence of the United States the one 
hundred and twenty-sixth. 

GEORGE P. McLEAN! Governor. 





L L 

of the Delegates 

To the Constitutional Conven- 
tion of Connecticut 1902 

PREPARED BY THE SECRETARY 
January, 1902 



Printed by Order of the Comptroller 



ROLL OF DELEGATES. 



/ 



9r 



Hartford 
Avon 
Berlin . 
Bloomfield 
Bristol . 
Burlington 
Canton . 
East Granby 
East Hartford 
East Windsor 
Enfield . 
Farmington 
Glastonbury 
Granby 

Hartland 
Manchester 
Marlborough 
New Britain 
Newington . 
Plainville 
Rocky Hill . 
Simsbury 
Southington 
South Windsor 
Suffield . 
West Hartford 
Wethersfield 
Windsor 
Windsor Locks 



Hartford County 

. Charles Hopkins Clark 
. Robert J. Holmes 
. Charles M. Jarvis 
. William Martin Brown 
. Noble E. Pierce 
. E. Samuel Gillette 
. Edward H. Sears 
. Julius G. Dickinson 
Percy S. Br} T ant 
Howard A. Middleton 
Thompson S. Grant 
Amasa A. Redfield 
Henry E. Loomis 
William C. Case * 
Theodore M. Maltbie f 
George W. Miller 
Frank W. Cheney 
Frederick Cooley 
Robert J. Vance 
George E. Churchill 
Aquila H. Condell 
Owen R. Havens 
Joseph L. Bartlett 
Marcus H. Holcomb 
Lewis Sperry 
Charles C. Bissell 
William H. Hall 
Stephen F. Willard 
D. Ellsworth Phelps 
Thomas L. Healy 



* Died December 23, 1901. 



f Elected December 30, 1901 



9 2 



ROLL OF DELEGATES. 



■• New 

New Haven 

Waterbury 

Ansonia 

Beacon Falls 

Bethany 

Bran ford 

Cheshire 

Derby . 

East Haven 

Guilford 

Hamden 

Madison 

Meriden 

Middlebury 

Milford 

Naugatuck 

North Branford 

North Haven 

Orange 

Oxford 

Prospect 

Seymour 

Southbury 

Wallingford 

Wolcott 

Woodbridge 



Haven County 

Norris G. Osborn 
Francis P. Guilfoile 
Denis T. Walsh 
Adna D. Warner 
Samuel R. Woodward 
Louis A. Fisk 
Alonzo E. Smith 
Daniel E. McMahon 
William K. Stevens 
Edward Griswold 
James H. Webb 
John H. Meigs 
H. Wales Lines 
George W. Wallace 
Dumond P. Merwin 
John H. Whittemore 
George L. Ford 
Marcus D. Marks 
Samuel J. Bryant 
William O. Davis 
David B. Hotchkiss. 
William H. H. Wooster 
Henry B. Russell 
John B. Kendrick 
Evelyn M. Upson 
G. Halsted Bishop 



ROLL OF DELEGATES. 



93 



New 

New London 

Norwich 

Bozrah 

Colchester 

East Lyme 

Franklin 

Griswold 

Groton . 

Lebanon 

Ledyard 

Lisbon . 

Lyme . 

Montville 

North Stonington 

Old L}mie 

Preston 

Salem . 

Sprague 

Stonington 

Voluntown 

Waterford 



London County 

Thomas M. Waller 
Frank T. Brown 
E. Judson Miner 
Harley P. Buell 
Edwin C. Chipman 
J. Henry King 
Arthur M. Brown 
Henry L. Bailey 
Isaac Gillette 
William I. Allyn 
Calvin D. Bromley 
James L. Raymond 
Joseph F. Killeen 
James F. Brown 
Joseph S. Huntington 
George A. Frink 
Alvah Morgan 
William J. Riley 
Frank H. Hinckley 
E. Byron Gallup 
Charles A. Gallup 



94 



ROLL OF DELEGATES. 



Bridgeport 

Dan bury 

Bethel . 

Brookfield 

Darien . 

Eastern . 

Fairfield 

Greenwich 

Huntington 

Monroe 

New Canaan 

New Fairfield 

Newtown 

Norwalk 

Redding 

Ridgefield 

Sherman 

Stamford 

Stratford 

Trumbull 

Weston 

Westport 

Wilton . 



Fairfield County 

. Daniel Davenport 

. Eugene C. Dempse)' 

. Howard H. Woodman 

. Elmer H. Northrop 

. Thaddeus Bell 

. Edgar G. Jennings 

. John H. Perry 

. R. Jay Walsh 

. Sturges Whitlock 

. Edwin C. Shelton 

. Benjamin P. Mead 

. Homer L. Wanzer 

. Charles H. Northrop 

. Asa B. Woodw r ard 

. Jonathan B. Sanford 

. William O. Se} 7 mour 

. George A. Barnes 

. Schuyler Merritt 

. Henry P. Stagg 

. Ormel Hall 

Frank Gorham 

. Rufus Wakeman 

. H. E. Chichester 



ROLL OF DELEGATES. 



95 



Windham County 



Windham 

Putnam 

Ashford 

Brooklyn 

Canterbury 

Chaplin 

Eastford 

Hampton 

Killingly 

Plainfield 

Pomfret 

Scotland 

Sterling 

Thompson 

Woodstock 



Eugene S. Boss 
Byron D. Bugbee 
Thomas K. Fitts 
Henry M. Evans 
Levi N. Clark 
William J. Groesbeck 
Monroe F. Latham 
William H. Burnham 
Aurin P. Somes 
Edwin Milner 
Thomas O. Elliott 
Gerald Waldo 
Claramon Hunt 
Randolph H. Chandler 
George Austin Bowen 



9 6 



ROLL OF DELEGATES. 



Litchfield 
Winchester . 
New Milford 
Barkhamsted 
Bethlehem . 
Bridge water . 
Canaan . 
Colebrook 
Cornwall 
Goshen . 
Harwinton . 
Kent . 
Morris . 
New Hartford 
Norfolk 
North Canaan 
Plymouth 
Roxbury 
Salisbury 
Sharon . 
Thomaston . 
Torrington . 
Warren 
Washington . 
Watertown . 
Woodbury . 



Litchfield County 

. Charles B. Andrews 

. Wellington B. Smith 

. Charles M. Beach 

. Hubert B. Case 

. Abner P. Ha} 7 es 

. Marcus B. Mallett 

. John H. Belden 

. Julian H. Smith 

. Philo M. Kellogg 

. Henry G. Wright 

. Clarence M. Ely 

. Irwin J. Beardsley 

.- Lyman W. Whittlesey 

. John Fox Smith 

. William O'Connor 

. Charles W. Camp 

. Charles H. Smith 

. George R. Crofut 

. Donald T. Warner 

. George S. Kirby 

. Frank W. Etheridge 

. Orsamus R. Fyler 

. Noble B. Strong 

. John C. Brinsmade 

. Augustus N. Woolson 

. Horace D. Curtiss 



ROLL OF DELEGATES. 



97 



Middl 



Middletown . 
Haddam 
Chatham 
Chester . 
Clinton . 
Cromwell 
Durham 
East Haddam 
Essex . 
Killingworth 
Middlefield . 
Old Sa)'brook 
Portland 
Saybrook 
Westbrook . 



esex County 

D. Ward Northrop 
George M. Clark 
William X. Markham 
Wilbur A. Brothwell 
Charles A. Pelton 
Edward S. Coe 
Frederic P. Hubbard 
Albert E. Purple 
George H. Blake 
Lauren L. Xettleton 
Fred W. Terrill 
William H. Smith 
Asaph H.. Hale 
Frederick L'Hommedieu 
Theodore D. Post 



9 8 



ROLL OF DELEGATES. 



Tolland County 

Tolland . . Loren Newcomb 

Andover . . Elliot P. Skinner 

Bolton . . .J. White Sumner 

Columbia . . William A. Collins 

Coventry . . Alexander S. Hawkins 

Ellington . . Francis M. Charter 

Hebron . . Marshall Porter 

Mansfield . . Ralph W. Storrs 

Somers . . George E. Keeney 

Stafford . . Edwin C. Pinney 

Union . . . Milton H. Kinney 

Vernon . . Charles Phelps 

Willington . . William H. Hall 



r~m 




r o w 

Representation 

in the General Assembly 



By Dr. CHARLES J. HOADLY 

Late State Librarian 



[Reprinted from the State Register of 1892] 



Printed by Older of the Comptroller 



g 




TOWN Representation 
in the General Assembly. 



Y the Fundamental Orders, or constitution, of 
Connecticut, adopted in January, 1638-9, the 
towns of Windsor, Hartford, and Wethersfield, 
then the only ones in combination, were author- 
ized to send four of their freemen as their depu- 
ties to every General Court; and it was provided that what- 
soever other towns should be thereafter added to this juris- 
diction, they should send so many deputies as the Court 
should judge meet, u a reasonable proportion to the number 
of freemen that are in the said towns being to be attended 
therein. " 

Within twenty years from the adoption of the constitution 
above referred to, the number of towns represented in the 
General Court was increased to ten ; none of them, however, 
save Hartford, Windsor, and Wethersfield, sent more than 
two deputies. The largest number of representatives which 
had attended at any session was twenty-six, but there were 
not usually so many. 

In October, 1661, the general assembly ordered that it 
" be commended to the consideration of the freemen the great 
cost and burthen that lies upon this colony by the great num- 
ber of deputies that attend the general courts ; and if it seem 
good to the freemen it is desired that the number may be 
lessened one-half in each town in this colony." 

The charter of 1662 regulated the number of representa- 
tives by fixing it at " not exceeding two persons from each 
place, town, or city." 

New towns were excused from paying taxes to the colony 
treasury during the difficulties of their first beginnings : aiicf, 



I02 TOWN REPRESENTATION 

as taxation and representation were coupled, they sent no 
deputies to the general assembly : thus Litchfield, settled 
about 1720, sent none until 1740; Barkhamsted and Cole- 
brook, named in 1732, incorporated as towns, 1779, were not 
represented until October, 1796; Winchester, named 1733, 
given town privileges 1771. was first represented in 1781 ; so, 
when in 1720, the east parish of Greenwich was exempted 
from public taxes for four years, to enable them to maintain 
the gospel ministry, it was provided that the town should 
send during that period but one deputy at the public charge ; 
so, in 1725, Ashford was exempted from public taxes for two 
years, with a proviso that they neither send deputies nor draw 
money for their school during said term; and so, in 1730, 
New Milford was freed from public taxes for two years, pro- 
vided they should pay the salaries of any deputies they should 
send to the assembly during that time. 

In May, 1734, the town of Haddam was divided and East 
Haddam made a distinct town ; and it was provided that 
neither Haddam nor East Haddam should send but one rep- 
resentative. These were the first towns so restricted. It 
seems, however, by the records that Haddam sent two repre- 
sentatives in October, 1742, and in May, T743. In May, 
1767, Reading, which had been a parish annexed to Fairfield, 
was erected into a town, and in October of the same year, 
Chatham was set off from Middletown, and the new towns 
were allowed one representative each; but in October, 1768, 
these four towns complained that it was unequal they should 
be so restricted, and the general assembly gave them permis- 
sion to send two deputies each. 

In the year 1780 the House of Representatives consisted 
of two members from each of yy towns (including Westmore- 
land, now in Pennsylvania). Barkhamsted. Colebrook, and 
Winchester were not represented. 

Watertown, incorporated in May, 1780, with the privilege 
of sending two representatives, lost one of them in 1705, when 
Plymouth was set off. Berlin, incorporated in 1785. lost one 
of her representatives when Xew Britain was set off in 1850. 
Briztol, incorporated in 1785, with the right of sending one 



IN THE GENERAL ASSEMBLY. 103 

representative, is now entitled to send two by the amendment 
of the state constitution of 1874. East Haven was incorpo- 
rated in 1785 and allowed one representative. East Haven 
had been made a village distinct from the township of Xew 
Haven in May, 1707. The inhabitants, apparently regarding 
the act as giving them town privileges, sent representatives 
(generally two) to seven sessions of the assembly between 
1708 and 1710, who were admitted to seats; but, in October. 
1 710, the assembly voted that there was nothing in the act in- 
corporating them a village which empowered them to send 
representatives. One appeared, however, for East Haven in 
May, 1 713, with a certificate of election, but was not allowed 
to take a seat. Thompson was incorporated in 1785, with the 
right to send one representative, and has sent two since May, 
1803. The ancient town of Derby lost one when Oxford was 
set off in 1798, but has recovered it under the constitutional 
amendment of 1874. 

In 1786, no less than eleven new towns were constituted; 
and not only were they restricted to one representative each, 
but in the case of Simsbury, from which Granby was sepa- 
rated, the parent town was also so limited, the general assem- 
bly seeming to think that if their number was to be so greatly 
enlarged as would be done by giving each new town the priv- 
ilege of sending two deputies, not only would the expenses 
of the state be considerably increased, but, as the chamber in 
which the house of representatives sat was only thirty feet 
square, it would be difficult to find accommodation for the 
members. Besides, new towns could only be made by carv- 
ing them out of others already existing, and by giving the 
new towns one representative each no substantial injustice 
would be done ; for instance, Bozrah, Franklin, and Lisbon, 
were all set off from Norwich, in 1786, so that after that year 
five deputies came from the territory whence had previously 
come two. 

The privilege of sending two was restored to Simsbury in 
October, 1787, and the same was accorded to Granby in Octo- 
ber, 1794. 

Some towns incorporated since 1786 were allowed to send 



104 



TOWN REPRESENTATION 



two deputies though sending but one at the present time, — 
as Weston, set off from Fairfield and Norwalk in 1787, orig- 
inally allowed to send but one, subsequently permitted to send 
two, and relinquishing that right upon the incorporation of 
Easton, made from its territory in 1845. Huntington was 
separated from Stratford in 1789, and was limited to one rep- 
resentative upon the setting off of Monroe, in 1823. 

Attempts to lessen the number of representatives have 
been made at various times. About 1723, a bill was passed 
in the upper house referring to the needless expense of time 
and money occasioned by so large a representation, calculat- 
ing that were each town to send but one about £400 per an- 
num would be saved to the colony treasury, and providing for 
submitting the question to the freemen. This bill was re- 
jected in the lower house. 

Governor Saltonstall had a controversy with the General 
Assembly for several years, ending only with his life; he claim- 
ing that the loss he had suffered in his salary by depreciation 
of paper money should be made good to him, and the legisla- 
ture pretending that the expenses of government were already 
burdensome to the people. In his speech to both houses, 
May 15, 1721, the Governor said: 

" I am persuaded the freemen, if they thought the annual 
charges of the government for salaries (which is not above 
six or seven hundred pounds per annum in bullion, reckoning 
it at 8s. per ounce) to be an oppression to them, would desire 
that an abatement should be made in that part which is least 
necessary. Now you know that there must be a Governor, 
and Deputy Governor and Assistants, but the charter does 
not require that there should be two gentlemen from all the 
small towns that then were or since have been in the colony, 
at every assembly, and those supported at the public charge. 
Not that I think such a number of you gentlemen of the lower 
house may not do good service while you are here, or that it 
is not very agreeable to me to see such a number of good 
gentlemen and friends around me : but then, certainly, you 
ought not to look on the expense for the support of the gov- 
ernment as too heavy, when you think good (at the same time"* 



IN THE GENERAL ASSEMBLY. 105 

to support that part of it which is not of such absolute neces- 
sity." 

Recurring to the subject, in his speech of May 13, 1723, 
the Governor said : " If you think the circumstances of the 
colony such that the payment of the salaries of the members 
of this court is too great a burthen, and are desirous of lessen- 
ing it, I will offer this one thing more, viz. that if you think 
fit to lessen the annual charge, by providing that but one 
deputy be sent from each town to any assembly, (which you 
have sometimes had under consideration,) I will, at the same 
time, yield to the public all pretensions of right " to the sum 
claimed. 

In May, 1785, a bill drawn by Oliver Ellsworth, providing 
that no town thereafter incorporated whose list of polls and 
estate should not at the time of such incorporation amount 
to £20,000, should be entitled to send more than one repre- 
sentative, passed the upper house, and was negatived in the 
lower. Again, in 1786 and in 1787, bills to take the sense of 
the freemen, as to lessening the number of representatives, 
were under consideration. The debate on the subject in the 
lower house in the latter year is reported in the Courant of 
June 4, 1787, and upon putting the question to the house there 
were in favor of the proposition 62, and 75 against it. The 
town of Hartford instructed their deputies to use their influ- 
ence that the number of representatives might be lessened or 
made more equal. Some other towns took similar action. 
The argument by which the proposition was defeated seems 
to have been : The charter having said that each town might 
send one or two deputies to the General Assembly, no town 
could be deprived of the constitutional privilege of sending 
two but by its own consent ; a general vote of the freemen of 
the State could not do it. 

In the Constitutional Convention of 181 8 the draft of Sec- 
tion 3, Article III., as reported by the committee, read as fol- 
lows : " The House of Representatives shall consist of free- 
men residing in towns from which they are elected. The 
number of representatives from each town shall be the same 
as at present allowed and practiced ; but the general assembly 



106 TOWN REPRESENTATION 

may reduce the number, provided that there shall be always 
at least one representative from each town." The last clause 
was stricken out on motion of Mr. Alexander Wolcott. Mr. 
Fairchild moved to strike ou the first clause, and insert : 
" Each town containing- 4,000 persons, or more, shall be en- 
titled to two representatives, and each town containing- a 
lesser number shall be entitled to one representative and no 
more ; the population to be ascertained by the census of the 
United States which shall have been taken next preceding any 
election." This was negatived, as were also propositions suc- 
cessively made to insert 2,500 and 2,000 in the place of 4,000. 
According to the census of Connecticut, there were in 1820 
but nine towns with a population of 4,000 and upwards. 

On the last day of the sitting of the convention, on the 
motion of Mr. Pitkin, there was added to Section 3d, Article 
III., the clause, providing that new towns thereafter incorpo- 
rated should be entitled to one representative only; and that 
the town or towns from which such new town should be made 
should be entitled to the same representation as then allowed, 
unless the number should be reduced by the consent of such 
town or towns. 

Seven towns which sent two representatives each in 181 8 
now send but one, having given up the right of sending a sec- 
ond at the division of their territory in the years following 
their names: Berlin, in 1850; Branford, 1831; Woodbridge. 
1832; Huntington, 1823; Stratford, 1821 ; Weston, 1845; 
Canaan, 1858. 

In 1850, upon the petition of Berlin, that town was divided 
and a portion of it incorporated by the name of New Britain, 
" with the right of sending one representative to the general 
assembly." This act was passed on condition that the inhabi- 
tants of Berlin, " not including those within the limits of the 
said new town of New Britain," should pass a vote relinquish- 
ing all claim to have two representatives, and consenting for- 
ever hereafter to have but one. However, in 1S51, and ever 
since, the " new town " of New Britain has sent two at each 
session, on the ground that New Britain was, in fact, the old 
tozvn, retaining the old records of Berlin ; and the house of 



IN THE GENERAL ASSEMBLY. YO y 

representatives resolved in 1853 that the town of New Britain 
was entitled under the constitution of this State to two repre- 
sentatives in the general assembly. At the same session. 
May, 1853, a joint resolution was passed repealing- so much 
of the resolution dividing the town of Berlin as limited New 
Britain to one representative. 

In 1874, this constitutional amendment was adopted: 
" The House of Representatives shall consist of electors re- 
siding in towns from which they are elected. Every town 
which now contains, or hereafter shall contain, a population 
of five thousand, shall be entitled to send two representatives., 
and every other one shall be entitled to its present representa- 
tion in the General Assembly. The population of each town 
shall be determined by the enumeration made under the au- 
thority of the census of the United States next before the 
election of Representatives is held." 

Under this provision the following towns, incorporated 
since the adoption of the constitution in 1818, are now (1892) 
entitled to send two Representatives each : Ansonia, Bridge- 
port, Manchester, Naugatuck, and Putnam ; and these towns 
of older date have each gained one : Derby, Meriden, and 
Vernon. 

Another constitutional amendment was adopted in 1876, 
which provided : " In case a new town shall hereafter be in- 
corporated, such new town shall not be entitled to a Repre- 
sentative in the General Assembly, unless it has at least 
twenty-five hundred inhabitants, and unless the town from 
which the major portion of its territory is taken has also at 
least twenty-five hundred inhabitants ; but until such towns 
shall each have at least twenty-five hundred inhabitants, such 
new town shall, for the purpose of representation in the Gen- 
eral Assembly, be attached to, and be deemed to be a part of, 
the town from which the major portion of its territory is 
taken, and it shall be an election district of such town for the 
purpose of representation in the House of Representatives." 

Since the adoption of this amendment no town has been 
incorporated with a population less than 2.500, nor has any 
town been reduced below that number by the setting off of a 
portion of its territory. 



IO S TOWN REPRESENTATION. 

When the constitution was adopted, in 1818, there were 
120 towns, of which 81 sent two representatives, and 39 sent 
one each — the House then consisting of 201 members. 
Since the census of 1890, the House consists of 252 mem- 
bers, — 84 of the 168 towns being entitled to send two, and 
the same number to send one each. 

In 185 1, there was prepared by the Comptroller, and 
printed by order of the Legislature, in a pamphlet of 14 pages, 
a " Tabular Statement of the Number of Representatives from 
the several Counties and Towns in Connecticut, and of the 
taxes paid by each ; with the Numerical Ratio of the Repre- 
sentation to the Population and to the Taxation, and the 
Number of Acres and Value of Land in each Town ; " which 
is mentioned here because the existence of such a document 
is probably unknown to most of this generation. No use has 
been made of it in the preparation of this article. 

CHARLES J. HOADLY. 



STATISTICS 



O F 



Representation, Population, 
Changes in Jurisdiction, etc., of 
the Towns in Connecticut 



Compiled and Printed by Order of the 
Comptroller 



Note 

In the following compilation the number of representa- 
tives is copied from the Printed Records of the State; the 
population in 1774 and 1820 from the manuscript volume in 
this office containing the census of Connecticut from 1756 
to 1830 inclusive, and that for 1900 from the printed volume 
of the Twelfth Census of the United States ; the number of 
Electors is from the State Register of 1901 ; the vote upon 
calling the Constitutional Convention of 1901 from the official 
returns in the office of the Secretary ; and the dates of incor- 
poration, changes, etc., from the State Register and other offi- 
cial publications of the State. 

It will be observed that for convenience sake the County 
lines of the present are followed, rather than those of earlier 
days. 



t 



112 



TOWN STATISTICS. 
HARTFORD COUNTY 



Towns. 



Hartford 

Avon 

Berlin 

Bloomfield 

Bristol 

Burlington 

Canton 

East Granby 

E. Hartford 

E. Windsor 

Enfield 

Farmington 

Glastonbury 

Granby 

Hartland 

Manchester 

Marlborough 

New Britain 

Newington 

Plainville . 

Rocky Hill 

Simsbury 

Southington 

So. Windsor 

Suffield 

W. Hartford 

Wethersfleld 

Windsor 

W'd'r Locks 



No. 
Reps. 
1776. 



Totals 



20 



Pop. 
1774- 



5,031 



No. 
Reps. 
18 i3. 



Pop. 
1 8 20. 



No. 
Reps. 

1 901. 



Pop. 



No. 
Electors 



1900. 



Vote upon call- 
ing Const'l Con 
lstion. 1901. 



2,999 
1,360 
6,069 
2,071 

500 



3,700 



2,017 



3.4S9 



2,125 



29,361 



3- 



6,901 

2,877 

1,362 
1,360 
1,322 

3,373 
3,400 
2,065 
3,042 
3,H4 
3,012 

1,254 
339 



Yes. 



1.954 
I.&73 

2,68l 

3.825 
3.00S 



47,264 45 



79,650, 
1, 302 1 
3,448: 
i,5i3. 
9.643J 

I,2l3 ! 

2,678; 
684! 
6,406 
3,I5S 
6,699 

3.33 
4,26a 
1,299 
592 

10,601 
322 

28,202 
1,041 
1,189 
1,026 

2,094 
5,890 
2,014 
3.521 
3.1S6 
2.637 
3,614 
2.997 



17,435; 
293; 
752 
353 
2,379 
263 
6So 

197 

1,47s 

7 So 

1,413 
81S 

994 
354 
122 

2,312 
86 

6,037 
259 
536 
264 
547 

1,509 
474 
S65 
651 
496 
SS6 
745 



195.415 43.93 



3,S46 
46 

134 
45 

459| 
5i 

145 
9 

156 

13S 

29 
no 

7S 

29 

6 

193 

2 

1.45 
28 

67 
17 
47 

205 
22 
42 
90 
46 
N 

35S 



S.205 



No. 



819 

90 

126 

82 

379 

4 3 

116 

63 
202 
166 
380 
126 

145 
203 

56 
342 

61 
no 
104 

S3 
103 
230 
202 
137 
3S3 
105 
123 
344 

45 



5.373 



TOWN STATISTICS. 
HARTFORD COUNTY.— Concluded. 



"3 



Incorporation, Changes in Jurisdiction, Representation, etc 



Towns. 



Named 1637. Part to E. Hartford 1783. Do. to W. Hartford 1854. 

From Farmington 1830. (1 Rep. 1831.) 

44 Farmington, Wethersfield, and Middletown 1785. (2 Rep. 

1785.) Part to N. Britain 1850. (1 Rep. 1851.) 
41 Windsor 1835. (1 Rep. 1S36). 

■ Farmington 1785. (1 Rep. Oct. 1785.) (2 do. 1881.) Part 

to Burlington. 1806. 
4t Bristol 1806. (1 Rep. 1806.) 

** Simsbury 1806. (1 Rep. 1806.) 

" Granby and Windsor Locks 1858. (1 Rep. 1859.) 

44 Hartford 1783. (2 Rep. 1784.) Part to Manchester 1823. 

" Windsor 1768. Part to Ellington 1786. Do. to S. Windsor 
1845. 
Annexed from Mass. 1749. 

Inc. 1645. Part to Southington 1779. Do. to Bristol 1785. Do. to 
Berlin 1785. Do. to Avon 1S30. Do. to Plainville 1869. 
From Wethersfield 1690. Part to Marlborough 1803. 

" Simsbury 1786. (1 Rep. 1787.) (2 do. 1795.) Part to 
E. Granby 1858. 
Inc. 1761. 

From E. Hartford 1823. (1 Rep. 1823.) (2 do. 1882.) 

" Colchester, Glastonbury, and Hebron 1S03. (1 Rep. 1804.) 

44 Berlin 1850. (2 Rep. 1851.) 

" Wethersfield 1871. (1 Rep. 1872.) 

" Farmington 1869. (1 Rep. 1870.) 

44 Wethersfield 1843. (1 Rep. 1S44.) 
Named 1670. Part to Granby 17S6. Do. to Canton 1806. 
From Farmington 1779. (2 Rep. 1780.) Part to Wolcott 1796. 

11 E. Windsor 1845. (1 Rep. 1S46.) 
Annexed from Mass. 1749. 
From Hartford 1854. (1 Rep. 1S55.) 

Named 1637. Part to Glastonbury 1690. Do. to Berlin 17S5. 

Do. to Rocky Hill 1S43. Do. to Newington 1S71. 
H 1637. Part to E. Windsor 1 76S. Do. to Bloomfield 1S35. 

Do. to Windsor Locks 1S54. 
From Windsor 1854. (1 Rep. 1855.) Part to E. Granby 1858. 



Hartford 

Avon 

Berlin 

Bloomfield 

Bristol 

Burlington 

Canton 

East Granby 

E. Hartford 

E. Windsor 

Enfield 

Farmington 

Glastonbury 

Granby 

Hartland 

Manchester 

Marlborough 

New Britain 

Newington 

Plainville 

Rocky Hill 

Simsbury 

Southington 

So. Windsor 

Sufneld 

W. Hartford 

Wethersfield 

Windsor 

W'd'r Locks 



H4 



TOWN STATISTICS. 
NEW HAVEN COUNTY 



















Vote ufgn Call- 


Towns. 


No. 
Reps. 
1776. 


-Pop. 
1774- 


No. 
Reps. 
1818. 


Pop. 
1820. 


No. 
Reps. 
1 901. 


Pop. i 

igoo. 


No. 

Electors 

1900. 


ing Const'l Con- 
vention, 1901. 




Yes. 


No. 


New Haven 


2 


8,295 


2 


8,327 


2 


108,027 


25,590 


10,510 


287 


Ansonia 







. . 




2 


I2,68l 


2.774 


498 


62 


Beacon Falls 


•• 




•• 




I 


623 


184 


13 


37 


Bethany 


•• 









I 


517 


155 


4 


84 


Branford 


2 


2,051 


2 


2,230 


2 


5,706 


1,265 


240 


323 


Cheshire 


•• 




2 


2,28l 


2 


1,989 


495 


53 


161 


Derby 


2 


1,889 


I 


2,088 


2 


7,930 


1,775 


342 


46 


East Haven 






I 


1,237 


I 


1,167 


320 


No 


returns 


Guilford 


2 


2,930 


2 


4,131 


2 


2,785 


823 


3i 


235 


Hamden 






I 


1,687 


I 


4,626 


i,oS7 


in 


87 


Madison 











I 


1,518 


392 


9 


161 


Meriden 






I 


1.309 


2 


28,695 


6, 4 S 5 


1,866 


321 


Middlebury 






I 


838 


I 


736 


161 


4 


80 


Milford 


2 


2,127 


2 


2,785 


2 


3,783 


i.oiS 


193 


307 


Naugatuck 






•• 




2 


10,541 


2,366 


260 


79 


No. Branford 






.. 




I 


814 


212 


16 


45 


No. Haven 






I 


I,29S 


I 


2,l64 


5M 


3i 


99 


Orange 










2 


6,995 


1,745 


367 


126 


Oxford 






I 


1,683 


I 


952 


253 


7 


108 


Prospect 











I 


562 


11S 


4 


31 


Seymour 










I 


3,541 


875 


69 


in 


Southbury 






I 


1,662 


I 


1,23s 


317 





212 


Wallingford 


2 


4.915 


2 


2,237 


2 


9,001 


2.I6S 


530 


197 


Waterbury 


2 


3.536 


2 


2.S82 


2 


51,139 


9,?79 


5,637 


594 


Wolcott 






I 


943 


I 


5Si 


129 


No vote 


taken 


Woodbridge 







2 


1,99s 


I 


S52 


101 


6 


36 


Totals 


14 


25,743 


25 


39.616 


3S 


269,163 


61,291 


20.S03 


3.S1Q 



TOWN STATISTICS. 
NEW HAVEN COUNTY.— Concluded. 



"5 



Incorporation, Changes in Jurisdiction, Representation, etc. 



Towns. 



Named 1640. N. H. Colony Juris. United with Conn. 1665. 

Part to Woodbridge 17S4. Do. to E. Haven 1785. Do. 

to No. Haven 1786. Do. to Hamden 1786. Do. to 

Orange 1822. 
From Derby iSSg. (2 Rep. 1891.) 



New Haven 



Ansonia 
Beacon Falls 
Bethany 



44 Bethany, Oxford, Seymour and Naugatuck 1S71. (1 Rep 

1872.) 
*' Woodbridge 1832. (1 Rep. 1833.) Part to Naugatuck 1S44 
Do. to Beacon Falls 1871. 
Sett. 1644. N. H. Col. Juris. United with Conn. 1665. Part to I Branford 

No. Branford 1S31. (1 Rep. 1832.) (2 do. 1901.) 
From Wallingford 17S0. (2 Rep. 17S0.) Part to Prospect 1827. | Cheshire 

Named 1675. Date org. uncertain. Part to Oxford 1798. (1 • Derby 
Rep. I799-) Do. to Seymour 1850. (2 Rep. 1S75.) Do. 
to Ansonia 1SS9. 

From New Haven 17S5. (1 Rep. 1785.) 



Named 1643. N. H. Col. Juris. United with Conn. 1662. Part 

to Madison 1S26. 
From New Haven 17S6. (1 Rep. 1786.) 

44 Guilford 1826. (1 Rep. 1827.) 

44 Wallingford 1S06. (1 Rep. 1S06.) (2 do. 1875.) 

44 Waterbury, Woodbury, and Southbury 1S07. (1 Rep. 1S07.) 

Sett. 1639. N. H. Col. Juris. Submitted to Conn. 1664. Part to 

Woodbridge 17S4. Do. to Orange 1S22. 
From Waterbury, Bethany, and Oxford 1S44. (1 Rep. 1845.) 

Part to Beacon Falls 1S71. (2 Rep. 1891.) 
" Branford 1831; (1 Rep. 1S32.) 

44 New Haven 1786. (1 Rep. 17S7.) 

" Milford and New Haven 1S22. (1 Rep. 1S23.) (2 do. 1901.) 

44 Derby and Southbury 1 79S. (1 Rep. 1799.) Part to Nauga- 
tuck 1S44. Do. Beacon Falls 1S71. 
44 Cheshire and Waterbury 1 S2 7. (1 Rep. 1S2S.) 

44 Derby 1850. (1 Rep. 1S51.) Part to Beacon Falls 1S71. 



East Haven 

Guilford 

Hamden 

Madison 

Meriden 

Middlebury 

Milford 

Naugatuck 

No. Branford 

No. Haven 

Orange 

Oxford 

Prospect 

Sevmour 



44 Woodbury 1787. (1 Rep. 17S7.) Part to Oxford 179S. Do. Southbury 
to Middlebury 1S07. 
Named 1670. Part to Cheshire 17S0. Do. to Meriden 1S06. ; Wallingford 



44 16S6. Part to Watertown 17S0. Do. to Wolcott 1796. Do. 
to Middlebury 1S07. Do. to Prospect 1S27. Do. to 
Naugatuck 1S44. 
From Waterbury and Southington 1796. (1 Rep. 1796.) 



Waterbury 



Wolcott 



New Haven and Milford 1784. (2 Rep. 17S4.) Part to Woodbridge 
Bethan y 18-^ 2. (i Rep. 1S31.) 



n6 



TOWN STATISTICS. 
NEW LONDON COUNTY. 



Towns. 


No. 
Reps. 
1776. 


Pop. 
1774. 


No. 
Reps. 
1818. 


Pop. 
1820. 


No. 
Reps. 

IQOI. 


1 
Pop. j 
1900. 


No. 

Electors 

1900. 


Vote upon Call- 
ing Const'l Con- 
vention, 1901. 

1 










1 
3,330 




1 


1 


Ye, 


No. 


New London 


2 


5,888| 


2 


1 

2 


I7,54S 


I 
3,967; 


897 


2 3o 


Norwich 


2 


1 
7.327 


2 


3,634 

j 


2 


24,637 


5,444 


..66, 


218 


Bozrah 






I 


1,083 


1 


799 


213 


45 


67 


Colchester 


2 


3,258 


2 


2,152 


2 


1,991 


57i 


239 


16 


East Lyme 


•• 








I 


1,836 


503 


115 


70 


Franklin 






I 


I,l6l 


I 


546 


146 


8 


43 


Griswold 







I 


1,869 


I 


3,490 


872 


172 


179 


Groton 


2 


3,488 


2 


4,664 


2 


5,962 


1,566 


327 


376 


Lebanon 


2 


3,960 


2 


2,719 


2 


1,521 


3S7 


3 


in 


Ledyard 






•• 




I 


1,236 


303 


24 


54 


Lisbon 







I 


1,159 


I 


697 


151 


1 


42 


Lyme 


2 


4,088 


2 


4,069 


2 


750 


226 


6 


106 


Montville 






I 


1,951 


I 


2,395 


64S 


14 


91 


N. Ston'gton 






2 


2,624 


2 


1,240 


350 


11 


158 


Old Lyme 






•• 





I 


1,180 


308 


12 


98 


Preston 


2 


2,338 


2 


1,899 


2 


2,So7 


728 


19 


81 


Salem 








1,053 


I 


468 


127 


3 


76 


Sprague 






•• 




I 


1,339 


253 


44 


31 


Stonington 


2 


5,412 


2 


3,056 


2 


8,540 


2,115 


2Q4 


279 


Voluntown 


2 


i,5" 


I 


I,Il6 


I 


872 


211 


31 


45 


Waterford 


•• 





I 

i 25 


2,239 


I 


2,904 


675 


12 


267 


Totals 


18 


37,63c 


39.77? 


30 


S2.75S 


19,764 


3.944 


2.68S 



TOWN STATISTICS. 
NEW LONDON COUNTY.— Concluded. 



117 



Incorporation, Changes in Jurisdiction, Representation, etc. 



Towns. 



u 



Named 1658. Part to Groton 1705. Do. to Montville 1786. Do. 

to Waterford, 1S01. 
Settled 1660. Part to each, Bozrah, Franklin, and Lisbon 1786. 

From Norwich 17S6. (1 Rep. 17S6.) 

Named 1699. Part to Marlborough 1S03. Do. to Salem 1819. 

From Lyme and Waterford 1S39. C 1 R e P- 1840.) 

" Norwich 17S6. (1 Rep. 17S6.) Part to Sprague 1861. 

** Preston 1S15. (1 Rep. 1S16.) 

" New London 1705. Part to Ledyard 1836. 
Inc. 1700. Part to Columbia 1804. 
From Groton 1S36. (1 Rep. 1837.) 

" Norwich 17S6. (1 Rep. 1786.) Part to Sprague 1S61. 

" Saybrook 1665. Part to Salem 1S19. Do. to E. Lyme 1839. 

'Do. to Old Lyme 1S55. 
" New London 1786. (1 Rep. 17S7.) Part to Salem 1S19. 

" Stonington 1S07. (1 Rep. 1807.) (2 do. 1S12.) 

" Lyme 1855. ( l Rep. 1S56.) 
Named 16S7. Part to Griswold 1S15. 
From Colchester, Lyme, and Montville 1S19. (1 Rep. 1S20.) 

" Lisbon and Franklin 1S61. (1 Rep. 1S62.) 
Inc. by Mass. 165S. Part to No. Stonington 1807. 
Named 170S. Part to Sterling 1794. (1 Rep. 1794.) 
From New London 1S01. (1 Rep. 1S02.) Part to E. Lyme 1S39. 



New London 

Norwich 

Bozrah 

Colchester 

East Lyme 

Franklin 

Griswold 

Groton 

Lebanon 

Ledyard 

Lisbon 

Lyme 

Montvile 

N. Ston'gton 

Old Lyme 

Preston 

Salem 

Sprague 

Stonington 

Voluntown 

Waterford 



t 



n8 



TOWN STATISTICS. 



FAIRFIELD COUNTY 



Towns. 


No. 
Reps. 
1776. 


Pop. 
1774- 


No. 

Reps. 
1818. 


Pop. 

1820. 


No. 
Reps. 
1901. 


Bridgeport 










2 


Bethel 


.. 




• • 




I 


Brookfield 






I 


1,159 


I 


Darien 


• • 




• • 


1,126 


I 


Danbury 


2 


2,526 


2 


3,873 


2 


Easton 






•• 




I 


Fairfield 


2 


4,863 


2 


4,151 


2 


Greenwich 


2 


2,776 


2 


3,790 


2 


Huntington 






2 


2,805 


2 


Monroe 







•• 




I 


New Canaan 


•• 




I 


1,689 


I 


New Fairfield 


2 


1,308 


I 


788 


I 


Newtown 


.. 


2,229 


2 


2,879 


2 


Norwalk 


2 


4,333 


2 


3,004 


2 


Redding 


2 


1,234 


2 


I,67S 


2 


Ridgefield 


2 


1,708 


2 


2,301 


2 


Sherman 


• • 




I 


957 


I 


Stamford 


2 


3,563 


2 


3,2S 4 


2 


Stratford 


2 


5,"555 


2 


3,438 




Trumbull 


... 




I 


1,232 




Weston 






2 


2,767 




Westport 






•• 






Wilton 


y 




I 


i,SiS 




Totals 


IS 


30,150 


23 


42,739 


33 



Pop. 
1900. 



70,996 
3,327 

1,046 

3,116 

19,474 

960 

4,489 

12,172 

5,572 

1,043 

* 2,96s 

584 

3,276 

19,932 

1,426 
2,626 

658 

18,839 

3,657 

1,587 

840 

I 

4,017 

1,59s; 



No. 

Electors i 
1900 



Vote upon Call- 
ing Const'l Con- 
vention, 1901. 



15,535 

888 

281 

583 

4,97i 

218 

1,066 

2, 60S 

"i,i93 

87 

707 

161 

I ,025 

4,969 

381 

640 

185 
4.583 

841 
371 

222 
938 
426 



Yes. 



3,090 

217 

14 

60 

1,747 
1 
156 
516 
216 
16 
169 

9 

203 

772 

16 

92 

1 

1,192 

115 

4 

13 

155 

27 



No. 



151 

96 

123 

23 
400 
108 
164 
261 

80 
141 
159 

91 
143 
136 
190 
248 
105 
483 
214 
163 

59 
120 

31 



184,203' 43.079 S,Soi ! 3,689 



TOWN STATISTICS. 
FAIRFIELD COUNTY - Concluded. 



119 



Incorporation, Changes in Jurisdiction, Representation, etc. 


Towns. 


From Stratford 1821. (1 Rep. 1822.) (2 do. 1875.) 


Bridgeport 


" Danbury 1855. (i Rep. 1856.) 


Bethel 


" Danbury, New Milford, and Newtown 1788. (1 Rep. 1788.) 


Brookfield 


** Stamford 1820. (1 Rep. 1821.) 


Darien 


Named 16S7. Part to Brookfield 1788. Do. to Bethel 1855. 


Danbury 


From Weston 1845. (1 Rep. 1846.) 


Easton 


Named 1645. Part to Redding 1767. Do. to Weston 1787. Do. 

to Westport 1S35. 
Settled 1640. N. H. Col. Juris. Submitted to Conn. 1662. 


Fairfield 
Greenwich 


From Stratford 17S9. (2 Rep. 1789.) Part to Monroe 1823. (1 
Rep. 1824.) (2 do. 1901.) 
" Huntington 1823. (1 Rep. 1S24.) 


Huntington 
Monroe 


" Norwalk and Stamford 1S01. (1 Rep. 1S01.) 


New Canaan 


Inc. 1740. Part to Sherman 1S02. (1 Rep. 1S03.) 


NewFairfield 


** 1711. Part to Brookfield 1788. (2 Rep. 1747 and irregularly 

afterwards. No. Rep. in 1776.) 
" 1651. Part to New Canaan 1801. Do. to Wilton 1802. Do. 

to Westport 1S35. 
From Fairfield 1767. 


Newtown 
Norwalk 
Redding 


Inc. 1709. 


Ridgefield 


From New Fairfield 1S02. (1 Rep. 1S03.) 


Sherman 


Named 1641. N. H. Col. Juris. Submitted to Conn. 1662. Part 
to New Canaan 1S01. Do. to Darien 1S20. 

Settled 1630. Part to Huntington 1789. Do. to Trumbull 1797. 
Do. to Bridgeport 1S21. (1 Rep. 1S22.) 

From Stratford 1797. (1 Rep. 1798.) 


Stamford 
Stratford 
Trumbull 


M Fairfield 17S7. (1 Rep. 1788.) (2 do. 1S08.) Tart to West- 
port 1S35. Do. to Easton 1S45. (1 Rep. 1846.) 
" Fairfield, Norwalk, and Weston 1S35. (1 Rep. 1S36.) 


Weston 
Westport 


" Norwalk 1S02. (1 Rep. 1802.) 


Wilton 











120 



TOWN STATISTICS. 



WINDHAM COUNTY. 



Towns. 


No. 
Reps. 

1776. 


Pop. 

1774- 


No. 
Reps. 
1818. 


Pop. 
1820. 


No. 
Reps. 
1901. 


Pop. 
1900. 


No. 

Electors 

1900. 


Vote upon Call- 
ing Const 'l Con- 
vention, 1901. 




Yes. 


No. 


Brooklyn 

Ashford 

Canterbury 

Chaplin 

Eastford 

Hampton 

Killingly 

Plainfield 

Pomfret 

Putnam 

Scotland 

Sterling 

Thompson 

"Windham 

Woodstock 


2 
2 

2 
2 
2 

2 
2 


2,241 
2,444 

3,486 
1,562 
2,306 

3,528 
2,054 


I 
2 
2 

I 
2 
2 

2 

I 
2 
2 
2 


1,264 
2,778 
1,984 

1,313 
2,803 
2,097 
2,042 

1,200 
2,928 
2,489 
3,OI7 


I 
2 
2 
I 
I 
I 
2 
2 
2 
2 
I 
I 
2 
2 
2 


2,358 

757 
876 

529 

523 

629 

6,835 

4,821 

1,831 

7,348 

47i 

1,209 

6,442 

10,137 

2,095 


373 
246 
270 
140 
161 
189 

1,390 
870 
3S8 

1,269 
149 
301 
735 

2,075 
499 


35 

8 

12 

11 

7 

13 

72 

117 

15 

107 

6 

17 
113 

353 
33 


66 

125 
117 

71 

92 

78 

304 

385 

96 

408 

63 
110 

253 
49S 
136 


Totals 


14 


17,621 


19 


23,915 


24 


46,861 


9,055! 919 

j 


2,802 



TOWN STATISTICS. 
WINDHAM COUNTY.— Concluded. 



121 



Incorporation, Changes in Jurisdiction, Representation, etc. 



Towns. 



From Pomfret and Canterbury 17S6. (1 Rep. 1786.) Part to Brooklyn 

Hampton 1786. 

Named 1 7 10. Part to Eastford 1847. Ashford 

From Plainfield 1703. Part to Brooklyn 17S6. Do. to Hampton Canterbury 
1786. 

V Mansfield and Hampton 1822. (1 Rep. 1823.) Chaplin 

" Ashford 1847. (1 Rep. 1S48.) Eastford 

" Windham, Pomfret, Brooklyn, Canterbury, and Mansfield Hampton 
1786. (1 Rep. 1787.) Part to Chaplin 1 S22. 

Inc. 1708. Part to Thompson 1785. Do. to Putnam 1855. Killingly 

" 1699. Part to Canterbury 1703. Plainfield 

Named 1713. Inc. uncertain. Part to Brooklyn 17S6. Do. to Pomfret 

Hampton 1786. Do. to Putnam 1855. 

From Pomfret, Thompson, and Killingly 1855. (1 Rep. 1856.) Putnam 
(2 do. 1881.) 

" Windham 1857. (1 Rep. 1858.) Scotland 

" Voluntown 1794. (1 Rep. 1794.) Sterling 

'.* Killingly 1785. (1 Rep. 1785.) (2 do. 1803.) Part to Put- Thompson 
nam 1855. 

Inc. 1692. Part to Mansfield 1702. Do. to Hampton 17S6. Do. Windham 

to Scotland 1857. 

From Mass. 1749. Woodstock 



122 



TOWN STATISTICS. 
LITCHFIELD COUNTY 



Towns. 


No. 
Reps. 
1776. 


Pop. 

1774. 


No. 
Reps. 
1818. 


Pop. 

1820. 


No. 
Reps, 
igoi. 


Pop. 

1900. 


No. 

Electors 

1900. 


Vote upon Call- 
ing Const' l Con- 
vention, 1901. 




Yes. 


No. 


Litchfield 


2 


2,554 


2 


4,610 


2 


3,214 


823 


6l 


382 


Barkhamsted 


•• 


250 


2 


1,592 


2 


864 


251 


7 


158 


Bethlehem 






I 


932 


I 


576 


151 


3i 


44 


Bridgewater 






•• 




I 


649 


173 


17 


38 


Canaan 


2 


1,635 


2 


2,332 


I 


820 


214 


12 


75 


Colebrook 


•• 


150 


2 


1,274 


2 


684 


197 


5 


134 


Cornwall 


2 


974 


2 


1,662 


2 


1,175 


312 


9 


206 


Goshen 


2 


1, in 


2 


1,586 


2 


835 


210 


13 


96 


Harwinton 


2 


1,018 


2 


1,500 


2 


1,213 


293 


30 


107 


Kent 


2 


1,996 


I 


1,956 


I 


1,220 


325 


8 


120 


Morris 


•• 









I 


535 


154 


7 


67 


N. Hartford 


2 


1,001 


2 


1,685 


2 


3,424 


567 


58 


182 


N. Milford 


2 


2,776 


2 


3,830 


2 


4,804 


1,268 


192 


243 


No. Canaan 


•• 









I 


1,803 


456 


67 


80 


Norfolk 




969 


2 


1,422 


2 


1,614 


399 


13 


275 


Plymouth 






I 


1,758 


I 


2,828 


614 


89 


81 


Roxbury 


•• 




I 


1,124 


I 


1,087 


227 


19 


73 


Salisbury 


2 


1,980 


2 


2,695 


2 


3,489 


757 


45 


275 


Sharon 


2 


2,012 


2 


2,573 


2 


1,982 


542 


14 


245 


Thomaston 






•• 




I 


3,300 


796 


276 


20 


Torrington 


2 


845 


2 


1,449 


2 


12,453 


2,752 


876 


96 


Warren 


•• 




I 


875 


I 


432 


5 


2 


65 


Washington 


•• 




2 


1,487 


2 


I.S20 


454 


36 


201 


Watertown 






I 


1.439 


I 


3,100 


653 


134 


1S8 


Winchester 




339 


2 


1,601 


2 


7,/63 


i,9i3 


187 


673 


Woodbury 


2 


5,313 


2 


1,885 


2 


i,98S 


515 


32 


246 


Totals 


24 


24,9 2 3 


3S 


41,267 


41 


63,672 


I5.i2I 


2,240 


4.370 



TOWN STATISTICS. 
LITCHFIELD COUNTY.— Concluded. 



123 



Incorporation, Changes in Jurisdiction 


Representation, etc. 


Towns. 


Inc. 1 719. Part to Washington 1779. 


Do. to Morris 1859. 


Litchfield 


" 1779. (No State tax till 1796, then 


2 Rep.) 


Barkhamsted 


" 1787. (1 Rep. 1787). 




Bethlehem 


From New Milford 1856. (1 Rep. 1857.) 


Bridgewater 


Inc. 1739. Part to North Canaan 1858. 


(1 Rep. 1859.) 


Canaan 


" 1779. (No State tax till 1796, then 


2 Rep.) 


Colebrook 


" I740. 




Cornwall 


'■ 1739- 




Goshen 


" 1737- 




Harwinton 


" 1739. Part to Washington 1779. 
Rep. 1786.) 
From Litchfield 1859. (1 Rep. i860.) 


Do. to Warren 1786. (1 


Kent 
Morris 


Inc. 1738. 




N. Hartford 


" 1712. Part to Washington 1779. 
Do. to Bridgewater 1856. 
From Canaan 1858. (1 Rep. 1859.) 


Do. to Brookfield 1788. 


N. Milford 
No. Canaan 


Inc. 1758. (2 Rep. Oct., 1777.) 




Norfolk 


From Watertown 1795. (1 Rep. 1795). 


Part to Thomaston 1875. 


Plymouth 


" Woodbury 1796. (1 Rep. 1797.) 




Roxbury 


Inc. 1741. 




Salisbury 


" 1739. 




Sharon 


From Plymouth 1S75. (i'.Rep. 1S76.) 




Thomaston 


Inc. 1740. 




Torrington 


From Kent 17S6. (1 Rep. 17S6.) 




Warren 



41 Woodbury, Litchfield, Kent, and New Milford 1779. (2 Rep. 

1779) 
" Waterbury 17 So. (2 Rep. 17S0). Part to Plymouth 1795. 
(1 Rep. 1795.) 
Inc. 1771. (No State tax till 17S1, then 1 Rep). (2 Rep. 1797.) 

Named 1674. Part to Washington 1779. Do. to Southbury 17S7. 
Do. to Roxburv 1706. Do. to Middleburv 1807. 



Washington 
Watertown 
Winchester 
Woodbury 



124 



TOWN STATISTICS. 



MIDDLESEX COUNTY. 



Towns. 


No. 
Reps. 
1776. 


Pop. 
1774- 


No. 
Reps. 
18x8. 


Pop. 
1820. 


No. 
Reps. 
1901. 


Pop. 

IQOO. 


No. 

Electors 

1900. 


Vote upon Call- 
ing Const'l Con- 
\'ention, ioo i. 




Yes. 


No. 


Middletown 

Haddam 

Chatham 

Chester 

Clinton 

Cromwell 

Durham 

E. Haddam 

Essex 

Killingworth 

Middlefield 

Old Saybrook 

Portland 

Saybrook 

Westbrook 


2 
2 
2 

2 
2 

2 
2 


4,878 
1,726 

2,397 

1,076 
2,808 

1,990 
2,6S7 


2 
2 

2 

2 
2 

2 
2 


6,479 
2,478 
3,159 

1,210 
2,572 

2,342 
4,165 


2 
2 
2 
I 
I 
I 
2 
2 
I 
2 
I 
I 
I 
2 
I 


17,486 
2,015 
2,271 

1,328 
1,429 
2,031 
884 
2,485 
2,530 

651 

845 
1,431 
3,856 

1,634 

884 


3,597 
500 
6l2 

333 

375 
458 

245 
559 
770 
144 
191 

355 
850 
404 
229 


1,113 
23 

65 

49 

32 
97 

8 

24 

97 

6 

21 

27 
246 

48 
14 


190 
201 
276 

91 
162 

51 
I02 
212 
204 

76 

75 
117 
262 
133 

93 


Totals 


14 


17,562 


14 


22,405 


22 


41,760 


9,622 


1,870 


2,245 



TOWN STATISTICS. 
MIDDLESEX COUNTY. —Concluded. 



125 



Incorporation, Changes in Jurisdiction, Representation, etc. 



Towns. 



Inc. 165 1. Part to Chatham 1767. Do. to Berlin 1785. Do. to 
Cromwell 1851. Do. to Middlefield 1866. 
" 1668. Part to East Haddam 1734. 

Trom Middletown 1767. Part to Portland 1841. 

" Saybrook 1836. (1 Rep. 1S37.) 

" Killingworth 1838. (1 Rep. 1839.) 

41 Middletown 185 1. (1 Rep. 1852.) 
Inc. 1708. 
From Haddam 1734. 

" Old Saybrook 1854. (1 Rep. 1855.) 
Named 1667. Part to Clinton 1838. 
From Middletown 1866. (1 Rep. 1867.) 

" Saybrook 1852. (1 Rep. 1853.) Part to Essex 1854. 

" Chatham 1S41. (1 Rep. 1842.) 

United with Conn. 1644. Part to Lyme 1665. Do. to Chester 
1836. Do. to Westbrook 1840. Do. to O. Saybrook 1852. 
From Saybrook 1840. (1 Rep. 1841.) 



Middletown 

Haddam 

Chatham 

Chester 

Clinton 

Cromwell 

Durham 

E. Haddam 

Essex 

Killingworth 

Middlefield 

Old Saybrook 

Portland 

Saybrook 

Westbrook 



126 



TOWN STATISTICS. 



TOLLAND COUNTY. 



Towns. 


No. 
Reps. 
1776. 


Pop. 
1774. 


No. 
Reps. 
1818. 


Pop. 
1820. 


No. 
Reps. 

IQOI. 


Pop. 
1900. 


No. 

Electors 

1900. 


Vote on Call- 
ing Const'l Con- 
vention, 1901. 




Yes. No. 


Tolland 

Andover 

Bolton 

Columbia 

Coventry 

Ellington 

Hebron 

Mansfield 

Somers 

Stafford 

Union 

Vernon 

Willington 


2 

2 

2 

2 
2 
2 
2 

2 


1,262 
I,OOI 
2,056 

2,337 
2,466 
1,027 
1,334 
514 

1,001 


2 
I 

2 

I 
2 
2 

2 
2 

2 

I 

2 


1,607 

731 

941 

2,058 

1,196 

2,094 

2,993 
1,306 
2,369 

757 

966 

1,246 


2 
I 

I 
I 
2 
I 
2 
2 
2 
2 
2 
2 
2 


1,036 

385 

457 
655 
1,632 
1,829 
1,016 
1,827 
1.593 
4.297 
42S 

8,483 

8S5 


288 
IO4 
119 
162 
448 
421 
236 
492 

341 
982 
102 
I,9l6 
232 


6 
13 
4 
7 
25 
38 
13 
21 

45 
1 So 

3 

171 

9 


138 

38 
38 

- 

.50 

107 
70 

179 
35 

2S5 
54 

488 

103 


Totals 


16 


12,998 


20 18,264 


22 


24,523 


5.843 


535 


1,759 



TOWN STATISTICS. 
TOLLAND COUNTY. — Concluded. 



127 



Incorporation, Changes in Jurisdiction, Representation, etc. 


Towns. 


Named 1715. 


Tolland 


From Hebron and Coventry 1848. (1 Rep. 1849.) 


Andover 


Inc. 1720. Part to Vernon 1808. (1 Rep. 1809.) 


Bolton 


From Lebanon 1804. (1 Rep. 1805.) 


Columbia 


Named 17 11. Part to Andover 1848. 


Coventry 


From East Windsor 1786. (1 Rep. 1786.) 


Ellington 


Inc. 1708. Part to Marlborough 1803. Do. to Andover 1S48. 


Hebron 


From Windham 1702. Part to Hampton 1786. Do. to Chaplin 
1822. 
" Massachusetts 1749J 


Mansfield 
Somers 


Settled 1 7 19. 


Stafford 


Inc. 1734. (No State tax or Representation till 1780, then 2 Rep.) 


Union 


From Bolton 1808. (1 Rep. 1809.) (2 do. 1875.) 


Vernon 


Inc. 1727. 


Willington 











128 



TOWN STATISTICS. 
RECAPITULATION. 





No. 
R'ps. 
1776. 


Pop. 

1774. 


No. 
R'ps. 
1818. 


Pop. 
1820. 


No. 
R'ps. 
1901. 


Pop. 

1900. 


No. 

Electors 

IQOO. 


Vote upon Call- 
♦ ing Const' l Con- 
vention, igoi. 




Yes. 


No. 


Hartford 


20 


29,361 


32 


47,264 


45 


195,415 


43,987 


8,205 


5.373 


New Haven 


14 


25.743 


25 


39,6l6 


38 


269,163 


61,291 


20,803 


3.819 


New London 


18 


37,630 


25 


39,778 


30 


82,758 


19,764 


3,944 


2,688 


Fairfield 


IS 


30,150 


28 


42,739 


33 


184,203 


43,079 


8,801 


3.689 


Windham 


14 


17,621 


19 


23,915 


24 


46,861 


9.055 


919 


2,802 


Litchfield 


24 


24,923 


38 


41,267 


41 


63,672 


15,121 


2,240 


4.370* 


Middlesex 


14 


17,562 


14 


22,405 


22 


41,760 


9,622 


1,870 


2,245 


Tolland 


16 


12,998 


20 


18,264 


22 


24,523 


5,843 


535 


1,759 


Totals 


*i 3 S 


*i95,988 


201 


195,988 


255 


908,355 


207,762 


47,317 


26,745 



♦The town of Westmoreland, now in Pennsylvania, was included in Litchfield County and 
had two Representatives in 1776, making a total of 140, and in 1774 had a population of 1,922, 
making the total census of Connecticut 197,910. 




i A 




r r e 




of the 



Colony of Conne&icut 



1662 



C HART E R 



of the 



Colony of Conne6licut 



1662 



& 



Printed by THE CASE, LOCKWOOD & BRAINARD COMPANY 
igOO 



Charter of 1662. 



[On the 14th of March, 1661, the General Court of Connecticut 
voted to petition the king for the continuance and confirmation of such 
privileges and liberties as were necessary for the comfortable and 
peaceable settlement of the Colony. 

Governor Winthrop was requested to act as the agent for the 
Colony. He sailed from New York in July, 1661. The letter of 
credit for ^500 sterling, which he took with him, may be seen in the 
State Library. The amount was paid in wheat and pease. He 
succeeded in procuring a very liberal charter, which bears date April 
23d, 1662. 

The charter was made in duplicate and sent in different ships. The 
duplicate probably arrived first, and was received in Connecticut in 
September, 1662. There are some trifling verbal differences between 
them, not, however, affecting the sense. 

In 1687 it became evident that the Colony was likely to be deprived 
of the charter, and measures were taken accordingly. There is a 
very curious entry on the Colonial Records in June 1687, of the pro- 
duction of the (original) charter in court, and of its being left on the 
table with the key in the box at the adjournment of the Court, with 
no one responsible for its safety, the committee which had been 
appointed to keep it being discharged by their surrendry of it to the 
Court. Perhaps it was at this time that the charter was quietly taken 
by Nathaniel Stanly and John Talcott, and concealed in the famous 
oak. 

On the 31st of October, 1687, Sir Edmund Andros came to 
Hartford to receive the surrender of the charter. The Assembly 
met and sat late at night. The duplicate charter was brought forth 
and placed on the table. Suddenly the lights were extinguished, and 
Captain Joseph Wadsworth carried off and concealed the duplicate, 
which he retained until 1715, when the Assembly made him a grant 
for his good service in the matter. The one more highly ornamented 
than the other, now hangs in the Secretary's office. What remains 



4 Charter of 1662. 

of the second copy may be seen in the rooms of the Connecticut 
Historical Society at Hartford. How it was saved from being cut up 
to make the foundation of a bonnet is told in a note in Vol. 4 of the 
Colonial Records. 

The charter continued to be the basis of our government until it 
was superseded by the constitution of 1818. — C. J. Hoadiy.'] 

Cbarlee tbe Second $2 tbe grace of God, 

King of England, Scotland, France and Ireland, de- 
fender of the Faith, &c. ; TLO all to whome theis prefents 
(hall come, Greetinge : Mbereas, by the feverall Nav- 
igations, difcoveryes and fuccerTfull Plantacons of diverfe 
of our loveing Subjects of this our Realme of England, 
Severall Lands, Iflands, Places, Colonies and Plantacons 
have byn obtayned and setled in that parte of the Con- 
tinent of America called New England, and thereby the 
Trade and Comerce there hath byn of late yeares much 
increased, Hno WbCteas, wee have byn informed by 
the humble Peticon of our Trusty and welbeloved 
John Winthrop, John Mafon, Samuell Willis, Henry 
Clerke, Mathew Allen, John Tappen, Nathan Gold, 
Richard Treate, Richard Lord, Henry Woolicott, John 
Talcott, Daniell Clerke, John Ogden, Thomas Wells, 
Obedias Brewen, John Clerke, Anthony Haukins, John 
Deming and Mathew Camfeild, being Perfons Principally 
interested in our Colony or Plantacon of Cone&icutt in 
New England, that the fame Colony or the greateit parte 
thereof was purchaled and obteyned for greate and 
valuable Confideracons, And fome other part thereof 
gained by Conqueft and with much difficulty, and att 



I IM II II II ' 



Charter of 1662. 5 

the onely endeavours, expence and Charge of them and 
their Aflbciates, and thofe vnder whome they Clayme, 
Subdued and improved, and thereby become a confider- 
able enlargement and addicon of our Dominions and in- 
tereft there, — IROW 1ft now £ea, that in confideracon there- 
of, and in regard the faid Colony is remote from other 
the English Plantacons in the Places aforefaid, And to 
the end the Affaires and Bufines which ihall from tyme 
to tyme happen or arife concerning the fame may bee 
duely Ordered and mannaged, XlXIlee have thought fitt, 
and att the humble Peticon of the Perfons aforesaid, and 
are graciously pleafed to Create and Make them a Body 
Pollitique and Corporate, with the powers and Priviledges 
herein after menconed; And accordingly Our will and 
pleafure is, and of our efpeciall grace, certeine knowledge 
and meere mocon, wee bave Ordeyned, Constituted 
and Declared, And by theis prefents, for vs, our heires 
and Succeffors, IDoe Ordeine, Conftitute and Declare 
That they, the said John Winthrop, John Mafon, Sam- 
uell Willis, Henry Clerke, Mathew Allen, John Tappen, 
Nathan Gold, Richard Treate, Richard Lord, Henry 
Woollcot, John Talcot, Daniell Clerke, John Ogden, 
Thomas Wells, Obadiah Brewen, John Clerke, Anthony 
Hawkins, John Deming and Mathew Camfeild, and all 
fuch others as now are or hereafter (hall bee Admitted 
and made free of the Company and Society of our 
Collony of Connecticut in America, fhall from tyme to 
tyme and for ever hereafter, bee one Body Corporate and 



6 Charter of 1662. 

Pollitique in fact and name, by the Name of Governour 
and Company of the English Collony of Conecticut in 
New England in America ; And that by the fame name 
they and their Succeffors fliall and may have perpetuall 
Succeffion, and fliall and may bee Perfons able and Cap- 
able in the law to Plead and bee Impleaded, to Anfwere 
and to bee Anfwered vnto, to Defend and bee Defended 
in all and finguler Suits, Caufes, quarrelles, Matters, 
Accons and things of what kind or nature foever, And 
alfoe to have, take, poffeffe, acquire and purchafe lands, 
Tenements or hereditaments, or any goods or Chattells, 
and the fame to Leafe, Graunt, Demife, Alien, bargaine, 
Sell and difpofe of, as other our leige People of this our 
Realme of England, or any other Corporacon or Body 
Pollitique within the fame may lawfully doe. Hno 
futtber, that the faid Governour and Company, and 
their Succeflbrs fliall and may for ever hereafter have a 
Comon Seale to ferve and vfe for all Caufes, matters, 
things and affaires, whatfoever of them and their Suc- 
ceffors, and the fame Seale to alter, change, breake and 
make new from tyme to tyme att their wills and pleafures, 
as they fliall thinke fitL Hno further, wee will and 
Ordeine, and by theis prefents for vs, our heires and 
Succeffors IDOC Declare and appoint, that for the better 
ordering and manageing of the affaires and buimeffe of 
the said Company and their Succeffors, there fliall bee one 
Governour, one Deputy Governour and Twelve Affift- 
ants, to bee from tyme to tyme Conftituted, Elected 



Charter of 1662. 7 

and Chofen out of the Freemen of the faid Company for 
the tyme being,- in fuch manner and forme as hereafter in 
thefe prefents is expreffed; which faid Officers fhall 
apply themfelves to take care for the beft difpofeing and 
Ordering of the Generall bufines and affaires of and con- 
cerning the lands and hereditaments herein after menconed 
to bee graunted, and the Plantacon thereof and the 
Government of the People thereof. And for the better 
execucon of our Royall Pleafure herein, wee fcoe for vs, 
our heires and Succeffors, Affigne, name, Conftitute and 
appoint the aforefaid John Winthrop to bee thc firft and 
prefent Governour of the faid Company ; And the faid 
John Mafon to bee the Deputy Governour; And the faid 
Samuell Willis, Mathew Allen, Nathan Gold, Henry 
Clerke, Richard Treat, John Ogden, Thomas Tappen, 
John Talcott, Thomas Wells, Henry Woolcot, Richard 
Lord and Daniell Clerke to bee the Twelve prefent 
AfTiftants of the faid Company ; to contynue in the faid 
feverall Offices refpe&ively, vntill the fecond Thurfday 
which {hall bee in the moneth of O&ober now next 
comeing. Bnt) further, wee will, and by theis prefents 
for vs, our heires and Succeffors, 2)0C Ordaine and 
Graunt that the Governour of the faid Company for the 
tyme being, or, in his abfence by occafion of ficknes, or 
otherwife by his leave or permiilion, the Deputy Gov- 
ernour for the tyme being, fhall and may from tyme to 
tyme vpon all occafions give Order for the affembling 01 
the faid Company and calling them together to Confult 



8 Charter of 1662. 

and advife of the bufmeffe and Affaires of the faid Com- 
pany, And that for ever hereafter, Twice in every yeare, 
That is to fay on every Second Thurfday in October and 
on every Second Thurfday in May, or oftener, in Case it 
lhall bee requifite, The Afliftants and freemen of the faid 
Company, or fuch of them, not exceeding twoe Perfons 
from each Place, Towne or Citty, whoe shall bee from 
tyme to tyme therevnto Ele&ed or Deputed by the maior 
parte of the freemen of the reipe&ive Townes, Cittyes 
and Places for which they (hall bee foe ele&ed or 
Deputed, (hall have a generall meeting or Affembly, then 
and their to Confult and advife in and about the Affaires 
and bufineffe of the faid Company; And that the Gov- 
ernour, or in his abfence the Deputy Governour of the 
faid Company for the tyme being, and fuch of the 
Afliftants and freemen of the faid Company as (hall be 
foe Ele&ed or Deputed and bee prefent att fuch meeting 
or Affembly, or the greater!: number of them, whereof the 
Governour or Deputy Governour and Six of the Aflift- 
ants at leaft, to bee Seaven, fhall bee called the Generall 
Affembly, and fhall have full power and authority to 
alter and change their dayes and tymes of meeting or 
Generall Affemblies for Electing the Governour, Deputy 
Governour and Afliftants or other Officers or any other 
Courts, Affemblies or meetings, and to Choofe, Nominate 
and appoint fuch and foe many other Perfons as they 
fhall thinke fitt and fhall bee willing to accept the fame, 
to be free of the faid Company and Body Politique, and 



1 



Charter of 1662. 9 

them into the fame to Admitt and to Elect, and Conftitute 
such Officers as they fhall thinke fitt and requifite for 
the Ordering, mannageing and disposeing of the Affaires 
of the faid Govemour and Company and their Succeffors. 
Bttb wee fcoe hereby for vs, our heires and Succeffors, 
Eftablifh and Ordeine, that once in the yeare for ever 
hereafter, namely, the faid Second Thurfday in May, the 
Governour, Deputy Governour, and AlTiftants of the faid 
Company and other Officers of the laid Company, or 
fuch of them as the faid Generall Affembly fhall thinke 
fitt, fhall bee in the laid Generall Court and Affembly to 
bee held from that day or tyme newly Chofen for the 
yeare enfuing, by fuch greater part of the faid Company 
for the tyme being then and there prefent. And if the 
Governour, Deputy Governour and AlTiftants by thefe 
prefents appointed, or fuch as hereafter bee newly Chofen 
into their Roomes, or any of them, or any other the 
Officers to bee appointed for the faid Company fhall dye 
or bee removed from his or their severall Offices or Places 
before the faid Generall day of Eleccon, whome wee doe 
hereby Declare for any mifdemeanour or default to bee 
removeable by the Governour, Afllftants and Company, 
or fuch greater part of them in any of the faid pubiique 
Courts to bee Affembled as is aforefaid, That then and in 
every fuch Cafe itt fhall and may bee lawfull to and for 
the Governour, Deputy Governour and AlTiftants and 
Company aforefaid, or fuch greater parte of them soe to 
bee Affembled as is aforefaid in any of their Affemblies 



io Charter of 1662. 

to Proceede to a New Eleccon of one or more of their 
Company in the Roome or place, Roomes or Places of 
fuch Governour, Deputy Governour, Affiftant or other 
Officer or Officers soe dyeing or removed, according to 
their difcretions; and immediately vpon and after fuch 
Eleccon or Eleccons made of fuch Governour, Deputy 
Governour, Affiftant or Affiftants, or any other Officer of 
the faid Company in manner and forme aforefaid, The 
Authority, Office and Power before given to the former 
Governour, Deputy Governour or other Officer and 
Officers soe removed, in whofe ftead and Place new fliall 
be chofen, fliall as to him and them and every of them 
respectively ceafe and determine. JprOYHoeb, alfoe, and 
our will and pleafure is, That as well fuch as are by the is 
prefents appointed to bee the prefent Governour, Deputy 
Governour and Affiftants of the faid Company as thofe 
that 8ha11 fucceed them, and all other Officers to bee 
appointed and Chofen as aforefaid, fliall, before they 
vndertake the Execucon of their faid Offices and Places 
refpeftively, take their feverall and refpective Corporall 
Oathes for the due and faithful 1 performance of their 
dutyes in their feverall Offices and Places, before fuch 
Perfon or Perfons as are by thefe Prefents hereafter 
appoynted to take and receive the fame; That is to fay, 
the faid John Winthrop, whoe is herein before nominated 
and appointed the prefent Governour of the faid Com- 
pany, fliall take the faid Oath before one or more of the 
Mafters of our Court of Chancery for the tyme being, 



Charter of 1662. 1 1 

vnto which Master of Chancery wee ooe, by theis pres- 
ents, give full, power and authority to Adminifter the (aid 
Oath to the faid John Winthrop accordingly. And the 
faid John Mafon, whoe is herein before nominated and 
duely appointed the prefent Deputy Governour of the 
faid Company, fhall take the faid Oath before the faid 
John Winthrop, or any twoe of the AiTiftants of the faid 
Company, vnto whome wee Doe by thefe prefents, give 
full power and authority to Adminifter the faid Oath to 
the faid John Mafon accordingly. Bno the faid Samuell 
Willis, Henry Clerke, Mathew Allen, John Tappen, 
Nathan Gold, Richard Treate, Richard Lord, Henry 
Woolcott, John Talcott, Daniell Clerke, John Ogden 
and Thomas Welles, whoe are herein before Nominated 
and appointed the prefent AiTiftants of the faid Company* 
fhall take the Oath before thc faid John Winthrop and 
John Mafon, or one of them, to whome wee OOC hereby 
give full power and authority to Adminifter the fame 
accordingly. Bno our further will and pleafure is, that 
all and every Governour or Deputy Governour to bee 
Elected and Chofen by vertue of theis prefents, shall take 
the faid Oath before two or more of the AiTiftants of the 
faid Company for the tyme being, vnto whom wee doe, 
by theis prefents, give full power and authority to give 
and Adminifter the said Oath accordingly. And the faid 
Afliftants and every of them, and all and every other 
Officer or Officers to bee hereafter Chofen from tyme to 
tyme, to take the faid Oath before the Governour or 



i! ,; 



12 Charter of 1662. 

Deputy Governour for the tyme being, vnto which faid 
Governour or Deputy Governour wee doe, by theis pref- 
ents, give full power and authority to Adminifter the 
fame accordingly. Bno furtber, of our more ample 
grace, certeine knowledge and meere mocon wee bave 
given and Graunted, and by theis prefents, for vs, our 
heires and Succeffors, IdOC give and Graunt vnto the faid 
Governour and Company of the English Colony of Co- 
ne&icut in New England in America, and to every In- 
habitant there, and to every Perfon and Perfons Trading 
thither, And to every fuch Perfon and Perfons as are or 
fhall bee free of the faid Collony, full power and author- 
ity from tyme to tyme and att all tymes hereafter, to take, 
Ship, Tranfport and Carry away, for and towards the 
Plantacon and defence of the faid Collony fuch of our 
loveing Subjects and Strangers as fhall or will willingly 
accompany them in and to their faid Collony and Planta- 
con ; (Except such Perfon and Perfons as are or (hall bee 
therein reftrayned by vs, our heires and Succeffors ;) And 
alfoe to Ship and Tranfport all and all manner of goods, 
Chattells, Merchandizes and other things whatfoever 
that are or fhall bee vsefull or neceffary for the Inhabitants 
of the faid Collony and may lawfully bee Tranfported 
thither; Nevertheleffe, not to bee dilcharged of payment 
to vs, our heires and Succeffors, of the Dutyes, Cuit.omes 
and Subndies which are or ought to bee paid or payable 
for the same. Bno furtber, Our will and pleafure is, and 
WCC fcoe for vs, our heires and Succeffors, Ordeyno. De- 



Charter of 1662. 13 

clare and Graunt vnto the faid Governor and Company 
and their Succeflbrs, That all and every the Subiects of 
vs, our heires or Succeflbrs which fhall goe to Inhabite 
within the said Colony, and every of their Children which 
{hall happen to bee borne there or on the Sea in goeing 
thither or returneing from thence, (hall have and enioye 
all liberties and Immunities of free and naturall Subiects 
within any the Dominions of vs, our heires or Succeflbrs, 
to all intents, Conftruccons and purpofes whatfoever, as 
if they and every of them were borne within the Realme 
of England. Hnb wee ooe authorife and impower the 
Governour, or in his abfence the Deputy Governor for 
the tyme being, to appointe two or more of the faid 
affiftants att any of their Courts or Aflemblyes to bee 
held as aforefaid, to have power and authority to Admin- 
ifter the Oath of Supremacy and obedience to all and 
every Perfon and Perfons which (hall att any tyme or 
tymes hereafter goe or pafle into the faid Colony of Co- 
necticut, vnto which faid Affiftants foe to bee appointed 
as aforefaid, Wee ooe, by thefe prefents, give full power 
and authority to Adminifter the faid Oath accordingly. 
Hnb WCe boe further, of our especiall grace, certeine 
knowledge and meere mocon, give and Graunt vnto the 
faid Governor and Company of the English Colony of 
Cone&icutt in New England in America, and their 
Succeflbrs, that itt (hall and may bee lawfull to and for 
the Governor or Deputy Governor and fuch of the Affift- 
ants of the faid Company for the tyme being as fhall bee 






lzj. Charter of 1662. 

Aflembled in any of the General Courts aforefaid, or in 
any Courts to bee efpecially Sumoned or ArTembled for 
that purpofe, or the greater parte of them, whereof the 
Governor or Deputy Governor and Six of the Affiftants, 
(to be all wayes Seaven,) to Erect and make fuch Judi- 
catories for the heareing and Determining of all Accons, 
Causes, matters and thinges happening within the faid 
Colony or Plantacon and which (hall bee in difpute and 
depending there, as they fhall thinke fitt and convenient; 
And alfoe from tyme to tyme to Make, Ordaine and 
Eftablifh All manner of wholfome and reafonable Lawes, 
Statutes, Ordinances, Direccons and Inftruccons, not con- 
trary to the lawes of this Realme of England, afwell for 
fetling the formes and Ceremonies of Government and 
Mageftracy fitt and neceffary for the faid Plantacon and 
the Inhabitants there as for nameing and Stileing all forts 
of Officers, both fuperior and inferior, which they {hall 
find needfull for the Governement and Plantacon of the 
faid Colony, and the diftinguifhing and setting forth of 
the severall Dutyes, Powers and Lymitts of every fuch 
Office and Place, and the formes of fuch Oaths, not being 
contrary to the Lawes and Statutes of this our Realme of 
England, to bee Adminiftred for the Execucon of the 
faid feverall Offices and Places ; As alfoe for the dispofe- 
ing and Ordering of the Eleccon of fuch of the faid 
Officers as are to bee Annually Chosen, and of fuch others 
as fhall fucceed in cafe of death or removall, and Ad- 
miniftring the faid Oath to the new Elected Officers, and 



% 



Charter of 1662. 15 

Graunting neceffary ComifTions, and for impoficon of 
lawfull Fines, Mul&s, Imprifonment or other Punilliment 
vpon Offenders and Delinquents, according to the Courfe 
of other Corporacons within this our Kingdome of Eng- 
land, and the fame Lawes, fines, Mulcts and Execucons 
to alter, change, revoke, adnull, releafe or Pardon, vnder 
their Comon Seale, As by the laid Generall Affembly or 
the maior part of them fhall bee thought fitt ; And for 
the directing, ruleing and difpofeing of all other matters 
and things whereby our laid people, Inhabitants there, 
may bee soe religioufly, peaceably and civilly Governed 
as their good life and orderly Converfacon may wynn and 
invite the Natives of the Country to the knowledge and 
obedience of the onely true God and Saviour of mankind 
and the Chriftian faith, which in our Royall intencons 
and the Adventurers free profefTion is the onely and 
principall end of this Plantacon; TKHilliUQ, Commanding 
and requireing, and by thefe prefents, for vs, our heires 
and SuccefTors, Ordaineing and appointeing That all fuch 
Lawes, Statutes and Ordinances, Inftruccons, Impoficons, 
and Direccons as (hall bee foe made by the Governor, 
Deputy Governor, and Affiftants, as aforefaid, and pub- 
lifhed in writeing vnder their Comon Seale, fhall care- 
fully and duely bee obferved, kept, performed and putt 
in execucon, according to the true intent and meaning of 
the fame. Hnb thefe our letters Patent, or the Duplicate 
or Exemplificacon thereof, fhall bee to all and every fuch 
Officers, Superiors and inferiors, from tyme to tyme for 



16 Charter of 1662. 

the Putting of the same Orders, Lawes, Statutes, Ordi- 
nances, Inftruccons and Direccons indue Execucon,againft 
vs, our heires and Succeffors, a fufficient warrant and dif- 
charge. Rnb wee boe furtber, for vs, our heires and 
Succeffors, give and Graunt vnto the faid Governor and 
Company and their Succeffors, by thefe prefents, That itt 
{hall and may bee lawfull to and for the Cheife Com- 
manders, Governors and Officers of the faid Company 
for the tyme being whoe fhall bee refident in the parts of 
New England hereafter menconed, and others inhabiting 
there by their leave, admittance, appointment or direccon, 
from tyme to tyme and att all tymes hereafter, for their 
fpeciall defence and fafety, to Affemble, Martiall, Array, 
and putt in Warlike pofture the Inhabitants of the faid 
Colony, and to Commiffionate, Impower and authorife 
fuch Perfon or Perfons as they fhall thinke fitt to lead 
and Conduct the faid Inhabitants, and to encounter, ex- 
pulfe, repell and refift by force of Armes, as well by Sea 
as by land, And alfoe to kill, Slay and deftroy, by all 
fitting wayes, enterprizes and meanes whatfoever, all and 
every fuch Perfon or Perfons as fhall att any tyme here- 
after Attempt or enterprize the deftruccon, invafion, det- 
riment or annoyance of the faid Inhabitants or Plantacon, 
And to vse and exercife the Law Martiall in fuch Cafes 
onely as occaflion fhall require, And to take or furprize 
by all wayes and meanes whatfoever, all and every fuch 
Perfon and Perfons, with their Shipps, Armour, Ammu- 
nicon, and other goods of fuch as fhall in fuch hollile 



Charter of 1662. 17 

manner invade or attempt the defeating of the faid Plan- 
tacon or the -hurt of the faid Company and Inhabitants ; 
and vpon iust Caufes to invade and deftroy the Natives 
or other Enemyes of the laid Colony. 1Rex>ertbelesse, 
Our Will and pleafure is, And wee ooe hereby Declare 
vnto all Chriftian Kings, Princes and States, That if any 
Perfons which fhall hereafter bee of the faid Company or 
Plantacon, or any other, by appointment of the faid Gov- 
ernor and Company for the tyme being, fhall att any 
tyme or tymes hereafter Robb or Spoile by Sea or by 
land, and doe any hurt, violence or vnlawfull hostillity to 
any of the Subie&s of vs, our heires or Succeffors, or any 
of the Subie&s of any Prince or State beinge then in 
league with vs, our heires or Succeffors, vpon Complaint 
i{ ^ of fuch iniury done to any fuch Prince or State, or their 

Subiects, wee, our heires and Succeffors, will make open 
Proclamacon within any parts of our Realme of England 
fitt for that purpofe, That the Perfon or Perfons commit- 
inge any fuch Robbery or Spoile, fhall within the tyme 
lymitted by fuch Proclamacon, make full reftitucon or 
fatiffaccon of all fuch iniuries done or committed, Soe as 
the faid Prince or others foe complayneing may bee fully 
iatiffied and contented. And if the faid Perfon or Per- 
fons whoe fhall committ any fuch Robbery or Spoile 
fhall not make fatiffaccon accordingly, within fuch tyme 
foe to bee limitted, That then itt fhall and may bee law- 
full for vs, our heires and Succeffors, to putt fuch Perfon 
or Perfons out of our Allegiance and Proteccon. And 



18 Charter of 1662. 

that it fhall and may bee lawfull and free for all Princes 
or others to .Profecute with hoftility fuch Offenders and 
every of them, their and every of their Procurers, ayders, 
Abettors and Councellors in that behalfe. prOPfoeo, 
alfoe, and our expreffe will and pleafure is, Bnfc wee ooe 
by thefe prefents for vs, our heires and SuccerTors, Ordeyne 
and appointe that thefe prefents {hall not in any manner 
hinder any of our loveing Subie&s whatfoever to vie and 
exercife the Trade of Fifhinge vpon the Coaft of New 
England in America, but they and every or any of them 
fhall have full and free power and liberty to contynue 
and vfe the faid Trade of Fifhing vpon the faid Coast, in 
any of the Seas therevnto adioyning, or any Armes of the 
Seas or Salt Water Rivers where they have byn accuf- 
tomed to Fifh, And to build and sett vpon the wast land 
belonging to the faid Colony of Coneclicutt, fuch 
Wharfes, Stages and workehoufes as (hall bee neceffary for 
the Salting, dryeing and keepeing of their Fifh to bee 
taken or gotten vpon that Coast, — any thinge in thefe 
prefents conteyned to the contrary notwithstanding. 
Bno fcnowe £ee Tuttber, That Wee, of our more abund- 
ant grace, certaine knowledge and meere mocon bave 
given, Graunted and Confirmed, And by theis prefents, 
for vs, our heires and SuccerTors, J&OC give, Graunt and 
Confirme vnto the laid Governor and Company and their 
Succeffors, HIl that parte of our Dominions in Newe Eng- 
land in America bounded on the East by Norrogancett 
River, comonly called Norrogancett Bay, where the faid 



Charter of 1662. 19 

River falleth into the Sea, and on the North by the lyne 
of the MafTachiifetts Plantacon, and on the South by the 
Sea, and in longitude as the lyne of the Maffachufetts 
Colony, runinge from Eaft to Weft; that is to fay, from 
the faid Narrogancett Bay on the Eaft to the South Sea 
on the Weft parte, with the Iflands therevnto adioyneinge, 
Together with all firme lands, Soyles, Grounds, Havens, 
Ports, Rivers, Waters, Fifhings, Mynes, Myneralls, Pre- 
cious Stones, Quarries, and all and linguler other Como- 
dities, Iurifdiccons, Royalties, Priv Hedges, Francheses, 
Preheminences, and hereditaments whatfoever within the 
faid Tract, Bounds, lands and Iflands aforefaid, or to them 
or any of them belonging, Uo ba\>e ano to bolo the fame 
vnto the faid Governor and Company, their SuccefTors 
and Aflignes, for ever vpon Truft and for the vie and 
benefitt of themfelves and their AfTociates, freemen of the 
faid Colony, their heires and Aflignes, Uo bee boloen of vs, 
our heires and SuccefTors, as of our Manor of East Greene- 
wich, in Free and Comon Soccage, and not in Capite nor 
by Knights Service, tyctMWQ ano ©aginge therefore to 
vs, our heires and SuccefTors, onely the Fifth parte of all 
the Oare of Gold and Silver which from tyme to tyme 
and att all tymes hereafter fhall bee there gotten, had or 
obteyned, in Hew of all Services, Dutyes and Demaunds 
whatfoever, to bee to vs, our heires or SuccefTors, there- 
fore or thereout rendered, made or paid. Bub lastly, 
Wee doe for vs, our heires, and SuccefTors, Graunt to the 
faid Governor and Company and their SuccefTors, by thefe 



20 Charter of 1662. 

prefents, that thefe our Letters Patent fhall bee firme, 
good and ejFectuall in the lawe to all intents, Conftruccons 
and purpofes whatibever, accordinge to our true intent 
and meaneing herein before Declared, as fhall bee Con- 
ftrued, reputed and adiudged moft favourable on the 
behalfe and for the belt benefitt and behoofe of the faid 
Governor and Company and their Succeffors, HltfoOUQfo 
eipresse mention of the true yearely value of certeinty 
of the premifes, or of any of them, or of any other Guifts 
or Graunts by vs or by any of our Progenitors or Pred- 
ecelTors heretofore made to the faid Governor and Com- 
pany of the Englifli Colony of Conecticutt in New Eng- 
land in America aforefaid in theis prefents is not made, 
or any Statute, Ad, Ordinance, Provinon, Proclamacon or 
Reftriccon heretofore had, made, Enacted, Ordeyned or 
Provided, or any other matter, Cause or thinge whatib- 
ever to the contrary thereof in any wife notwithftanding. 
Hn Wttncs whereof, we have cauied thefe our Letters to 
bee made Patent : Wftncs our Selfe, att Weftminfter, the 
three and Twentieth day of Aprill, in the Fowerteenth 
yeare of our Reigne. 

By writt of Privy Seale. f|0Hmr& 












440